Landlord and Tenant Handbook… · Landlord and Tenant Handbook | 4th Wall Guidelines. Tenant...

Thursday, September 19, 2013

THIS DOCUMENT IS STRICTLY CONFIDENTIAL Any/all information in this document is not to be shared without an up-to-date non-disclosure agreement on file. Content is intended for internal Walmart use only. All content belongs to its respective entities.

Walmart Consumer Services

Landlord and Tenant Handbook

4th Wall Guidelines

Legal Notification/Requirements

1. The information contained in the handbook shall be considered “Walmart Confidential Information” under the terms and provisions of the Lease Agreement. Walmart Confidential Information shall not be copied and/or either directly or indirectly disclosed to others or used in any way by the Tenant, its Subleasee, its employees, or those for whom it is responsible at law, without the prior written permission of Walmart Stores, Inc., which may be withheld for an reason whatsoever.

2. Nothing in this handbook supersedes, amends, alters, or otherwise changes any of the terms and provisions of the Lease Agreement. In the even of a conflict between the terms and provisions of this handbook and the terms and provision of the Lease Agreement, the terms and provisions of the Lease Agreement shall govern.

3. For the purposes of this provisions falling under this section entitled “Legal Notification/Requirements,” the term “Lease Agreement” shall mean the lease agreement(s) and/or contract(s) and /or License Agreement(s) in place from time to time between the applicable Tenant/Subleasee and Walmart Stores, Inc. or its affiliates or subsidiaries governing the operation of the Tenant’s business within certain Walmart Stores, Inc.’s stores.

2 Landlord and Tenant Handbook | 4th Wall Guidelines

Table of Contents

Legal Notification/Requirements 2

Table of Contents 3

Welcome to Walmart 4Tenant Orientation 5Communications 5

Store Level Contacts Form 6Tenant Contacts Form 7Consumers Service Contacts 8General Guidelines 9

Customer Complaints 10

Tenant’s Hours of Operation 10

Storage 11

Gift Certificates/Cards 11

Discounts 11

Compliance with Laws 11

Rules and Regulations 12

Appearance/Work Attire 13

Merchandise 13

Parking 13

Alcohol Beverages/Illegal Drugs 14

Smoking 14

Profanity 14

Gifts and Gratuities 14

Deliveries 15

Tenant’s Advertising, Promotions 15


Hiring Employees and Media Inquiries 15

Restrictions on Tenant’s Activities 16-17Signing Standards 18Maintenance 19

Pest Control 20

Floor Care 20

General Maintenance 20

Lighting 20

Plumbing 20

Trash Disposal 21

Hazardous Waste 21

Utilities 22

Telephone 22

Heating and Air Conditioning 22

Temperature 22

Risk Management 23

Food Operation 24

Sampling 25

Tenant Space 25

Customer Service 26

Hours of Operation 26

Holidays Hours 26

Customer Service Phone Number 26

Ceiling Maintenance 26

Deliveries 26

Drain Operations 27

Storage 27

Grease Tanks 27

Grease Interceptors 28

Equipment Maintenance 28

Light Bulb Replacement 28

Pest Control 28

Hot Water Heater 28

Floor Care 29

Roof Leaks 29

Security 29

Warranty Period 29

Bulk CO2 30

Fire Sprinkler System 30

What Products Can The Tenant Sell 30

Store Fundraisers 30

Windows 30

Recruiting 30

Contacts 30

Signage 31

Miscellaneous 32

Important Notices 32

Tenant Checklist 32

New Tenant/Other Income Inquires 32

Automated Consumer Services (Other Income) 32

Welcome to Walmart

4

Welcome to Walmart

This handbook was developed as reference material for the Tenant and Walmart Store Management. We are excited to have your business as part of the Walmart shopping experience.

Thank you for leasing space with Walmart Stores, Inc.

Tenant Orientation

Tenant should familiarize itself and have its employees, agents, subleasses, and representatives, familiarize themselves with Walmart policies, this handbook and the Tenant’s obligations under the lease.

Please refer to WalmartRealty.com for In Store Leasing contact information.

Communications

Keep the Store Manager informed of how your business is performing. Keeping the lines of communication open between yourselves and the store management team is fundamental to building a good landlord-tenant relationship. Another important contact at store level is the member of management who acts as a liaison with the store’s tenants. The liaison will be your primary contact for all issues related to your occupancy of the premises. Any issues should be resolved with the liaison.

Establish regularly scheduled meetings with your Walmart liaison and discuss issues that you are having and a resolution process at the time of the meeting. If the resolution is not being met within an appropriate timeframe, contact the Walmart store manager for further assistance.


Store Level Contacts Form

Take a few minutes to record this important information about the Walmart store location. Lease Tenants may wish to post this information in a back area of their space so all their employees can familiarize themselves with the Walmart store.

Walmart Store Number: ___________________________

All stores are known by a 4-digit store number, very important to pin point your location whenever you are discussing issues with Walmart’s Home Office.

Store manager:___________________________________

Co-manager(s):___________________________________

____________________________________

____________________________________

____________________________________

____________________________________

Market manager:__________________________________

Market manager’s phone:___________________________

Store address:___________________________________

_______________________________________________

Store phone:____________________________________

Lease number:___________________________________

(Lease number is 5-digit number found on lease agreement).


Tenant Contacts FormTake a few moments to complete this form to give to the store management and the Walmart phone operator so they will know how to contact various people within your organization.

Business name:_______________________________________

Business phone number: ______________________________

Business hours: Mon__________________________________

Tues__________________________________

Wed__________________________________

Thurs_________________________________

Fri___________________________________

Sat___________________________________

Sun__________________________________

Tenant owner Name:__________________________________

Emergency phone:_____________________________________

Development agent Name:______________________________

Phone:________________________________

On-site manager (1):____________________________________

Emergency phone:_____________________________________

On-site manager (2):____________________________________

Emergency phone:_____________________________________

Assistant managers:____________________________________

Area manager:_____________________________________

Phone:___________________________________

Tenant’s home office phone: ________________________

Tenant’s customer service: __________________________


Misc. Contacts

For any suspected or actual loss of customer personal information or breach or compromise of tenant’s Information Security Program call Walmart’s Emergency Operations Center at (479) 277-1001


General Guidelines

9

Customer Complaints

Every Tenant is expected to diligently, and in a timely manner, address and resolve any complaints it receives from a Walmart or Tenant customer. A toll-free phone number must be posted in a prominent place within the leased space for any customer to call with a complaint or problem. Any complaints from a Tenant’s customer that Walmart receives will be forwarded to the tenant for resolution.

Tenant’s Hours of Operation

Tenant’s hours of operation are specified within the lease between Tenant and Walmart. Most leases require the tenant to be open at least 10 hours per day, Monday through Saturday, and 5 hours on Sunday. Tenants business must be open for business no later than

10:00 a.m., Monday through Friday, or 1:00 p.m. on Sunday. Tenant should be open 52 weeks a year and may not close (even on the Holidays) without prior approval by the Walmart Leasing Department. As a guideline, if the Walmart Store is open the tenant should have business hours that day.

– Tenant must clearly post their hours of operation in a prominent location, and must be open during those times. (See Advertising and Lease Line Guidelines). Failure to meet the minimum required hours of operation can result in a breach of the lease between Tenant and Walmart.

– Tenant will have access to the building during the store’s normal hours of operation.

– Please note that Walmart observes extended store hours during the Holiday period. Tenants are welcome to extend their operational hours during this time without first obtaining the consent of Walmart’s Leasing Department.

– Walmart Stores scheduled to have a Grand Opening/Re-Grand Opening ceremony requires the Tenant to be staffed and ready to open by 7:00 a.m. the day of the Grand Opening Ceremony. If a Tenant does not open on time, the Tenant may have to pay Walmart liquidated damages specified in the lease. To determine if your store will have a Grand Opening ceremony, contact the Walmart Store Manager or Project Manager.

General Guidelines


Storage

Storage space must be within the Tenant location. **See Appendix I for food service**

Gift Certificates/Cards

There are not restrictions on the sale of Tenant gift certificates or gift cards inside the tenant space.

Discounts

Walmart is not required to extend any discount to Tenant employees. The Tenant is not required to extend a discount to Walmart associates.

Compliance with Laws

As occupants of the Walmart store property, each of the Tenant’s employees are subject to all laws, rules and regulations may be amended from time to time. Walmart will report any illegal activity witnessed or suspected by any Walmart associate to the appropriate law enforcement authorities.

General Guidelines


Rules and Regulations

12

Tenant and its Sublessesees and the employees of each must observe all rules and regulations Walmart establishes from time to time in this Handbook. Any exceptions to these rules are covered in Appendix I.



Appearance/Work Attire

Tenants, their Sublessees, and the employees of each are required under the lease to conduct themselves, while in the leased space, in a professional and consistent with Walmart’s first-class operations.

Name badges with your company logo and first name of the Tenant employee are recommended and should be worn in plain sight.

Merchandise

Merchandise may not be removed from the Store or brought into the Leased Premises without first being paid for. Anyone removing or involved in the removal of merchandise either from the Store or into the Leased Premises without first paying for it may be trespassed from the Store or all of Walmart’s property, may be treated as a shoplifter, or both. All merchandise

purchased from Walmart by either Tenant or its Sublessee or any agent, employee, or representative of either Tenant or Sublessee, should be removed immediately from the Store unless the merchandise is going to be used by Tenant or its Sublessees in the operation of its business in the Leased Premises or unless the merchandise will be immediately consumed in the Leased Premises must always be kept with its receipt. In fact, the receipt should be retained until the purchaser has left the Store.

All purchases from Walmart are subject to search according to Walmart’s security procedures.

Parking

Tenant employees must abide by Walmart’s parking rules and limitations. Please discuss parking arrangements with the Walmart store manager. Parking rules will vary by Walmart location.

Alcohol Beverages/Illegal Drugs

Walmart has made a commitment to provide a drug and alcohol-free workplace. The use, possession, sale, transfer, acceptance, or purchase of illegal drugs at any time is strictly prohibited. The use, possession of open containers, personal sale, transfer, or acceptance of alcohol on Walmart property is strictly prohibited. Walmart has the right to remove from, or deny access to, or stores anyone on our property under the influence of Alcohol, and/or consuming Alcohol on our property. Walmart may report illegal activity to the appropriate law enforcement authorities.

Smoking

Tenant employees shall abide by Walmart’s smoking rules and limitations which follow and which may be amended from time to time.

• Walmart is a smoke-free environment.

• Smoking and use of smokeless tobacco are permitted in designated areas only.

• Smoking prohibited within 50 feet of all entrances and exits and on all sidewalks in the immediate vicinity of the Walmart store.

• Each location must comply with state and local laws/ordinances relative to smoking.

Each Tenant must review smoking restrictions with the respective Store Manager and comply with their direction.

Profanity

Walmart does not tolerate the use of profanity in its stores or by its tenants.

Gifts and Gratuities

Walmart associates may not encourage or accept gifts or gratuities. Gifts or gratuities include: tickets to entertainment events; kickbacks in the form of money or merchandise: “special” discounts given to one Walmart associate: discontinued or no longer used samples; vendor paid trips; etc.

Tenant is not to offer any gifts or gratuities to any Walmart associates. This does not apply to discounts offered to all Walmart associates for goods or services fro a Tenant.



Deliveries

If receiving deliveries at the store, the deliveries may be accepted only through the Walmart front doors and must be coordinated with the Walmart store management and scheduled during normal operating hours. At no time shall parking be permitted on sidewalks, even in connection with short-term loading or unloading or Tenant merchandise. **See Appendix I for food service**

Tenant’s Advertising, Promotion, and Media Inquiries

– Tenant may use Walmart’s name only to the extent Walmart’s Leasing Operations Department approves and only as a location reference.

– Tenant may not promote its services within the Store using Walmart’s in-store public address system, unless otherwise provided in the lease.

– Tenant may not post any signs outside of the Leased premises, except as provided in the Lease, nor may tenant post any hand made signs inside or outside of the Leased premises.

– Tenant’s promotions related to the Leased premises

must be conducted in a professional manner by trained individuals.

– Tenant may not release or cause to be released any statement to the press or otherwise containing Walmart’s name or representing any relationship whatsoever to Walmart, without the prior, written approval of the Walmart Leasing Operations Department.

Hiring Employees

Tenant and Walmart are each responsible for hiring their own associates/ employees. It is not recommended that Walmart or the Tenant interview or hire personnel currently employed by the other.



In addition to any easement, covenant, or restriction that affects or applies to the Leased premises or the Common Area, Tenant, nor its Sublessees, may not:

• Use the sidewalk adjacent to or any other space outside the Leased Premises for display, sale, or any other similar undertaking. **See Appendix I for food service**

• Tenant’s merchandise, furniture, fixtures and equipment must remain within the Lease Premises at all times.

• Use a loudspeaker system that may be heard from outside the Leased Premises; place permit any radio, television, loudspeaker, or amplifier on the roof, inside the Leased Premises, or anywhere that the radio, television, loudspeaker, or amplifier can be seen or heard from outside of the Leased Premises; or solicit or distribute any handbills or other advertising in the parking lot, Store, or common areas, unless otherwise protected by law.

• Use the plumbing facilities of the Leased Premises or the Store for any purpose other than that for which they were constructed. Neither Tenant or its Sublessees, nor the invitees or either Tenant or its Sublessees, may use the plumbing facilities of the Leased Premises to

dispose of any foreign substances. The expense of any breakage, stoppage, or damage resulting from a breach of this paragraph will be born by Tenant.

• Place on any floor a load that exceeds the load per square foot that the floor was designed to carry. Tenant may only install, operate, and maintain heavy equipment in the Leased Premises if installed in such a manner as to achieve a proper distribution of weight.

• Use any forklift truck, tow truck, or any other machine or equipment.

• Use the Leased Premises to conduct illegal business or for illegal purposes or for any purpose that may increase the premium cost of or invalidate any insurance policy carried on the Leased Premises, Common Areas, or the Store.

Restrictions on Tenant’s Activities


• Unreasonably interfere with Landlord’s business or the business of another tenant of Landlord or act in such a way that reasonably may be expected to injure Landor’s business relationship including, but not limited to, acting in any way which diminishes the access to or the visibility of any portion of the Store or any other Tenant’s Premises or that impedes the free circulation of customer traffic within the Store.

• Receive, retain, or store in the Leased Premises any “Controlled Substances” except for any Controlled Substances included in an emergency medical kit.

• Within the Leased Premises, receive, retain, store, or use any firearm, tear gas, dye pack, or any item similar to firearm, tear gas, or dye pack.

Restrictions on Tenant’s Activities


The only signing approved for Tenant is the sign above the doorway that faces the registers, also referred to as the bulkhead. No freestanding signs may be placed in the vestibules or aisle ways of the Walmart store. No signing on the exterior walls of the building or on the grounds of the building is permitted, unless provided for in the building is permitted, unless provided for in the Lease. Walmart does not allow Tenants to use the Lease. Walmart does not allow Tenants to use the Walmart name or likeness in any of their signing.

(See Front End Tenant Signage Guidelines).

Signing Standards


Maintenance

19

Pest Control

It is the Tenant’s responsibility to maintain a clean, healthy environment that will not contribute to a pest control problem. If there is a pest control problem in the lease space, you should contact Walmart store management. Walmart is responsible for all pest extermination in Walmart stores. **See Appendix I food service**

Floor Care

Tenants are responsible for maintaining the cleanliness of the floors in their Lease Premises on a regular basis. This includes sweeping, mopping, scrubbing, buffing and vacuuming as necessary. Tenant can discuss with store management to have the store’s floor crew do some maintenance of Tenant’s floors, but the store will need to be compensated for this service. If the store agrees to occasional floor maintenance, the Tenant will need to pay visa, cash or check to the Walmart accounting office each time this service is provided. Tenant should only use products commercially available tin the US, appropriate for cleaning and maintaining the flooring of the Leased Premises. **See Appendix I food service**

General Maintenance

All interior wall repairs, painting, wallpaper and signing repairs are the responsibility of the Tenant. All improvements and trade fixtures must be approved by Walmart and must be of high quality materials and workmanship.

Lighting

Replacement of light bulbs, fixtures or ballast is the responsibility of the Tenant. The Walmart Store Manager can provide assistance by recommending the regular trade’s person for the store. **See Appendix I food service**

Plumbing

Maintenance of the plumbing including drains within the Lease Premises is the responsibility of the tenant. The Walmart Store Manager can provide assistance by recommending the regular trade’s person for the store. **See Appendix I food service**

Maintenance


Trash Disposal

If Tenant is authorized to dispose of trash under the lease, disposal should be coordinated with Walmart store management, as the compactor must be locked at all times. Although Tenant may be permitted to dispose of trash in the compactor, Tenants are not allowed to operate the equipment. Trash should not be left unattended in the back of the store. Additional containers may be required at Tenants expense.

Hazardous Waste

Lease Tenants have important obligations to comply with all federal, state, and local laws, orders, rules, directives and regulations in the operation of the Tenant’s business on their premises. Compliance with all laws include proper handling of hazardous materials and proper management and disposal of hazardous waste generated by the lease tenant.

Walmart is not responsible for the management or disposal of the tenant’s hazardous waste. However, in order to assist our lease tenants, you may contact the individual store management to obtain the information on the hazardous waste hauler in your area that is used

by Walmart to pick-up and dispose of any hazardous waste. If you determine that alterations to the property are necessary for compliance, there may be certain requirements you need to follow including but not limited to, requirements under the lease, and city code requirements. It is the Tenant’s responsibility to follow these requirements. Lease Tenants may not dispose of hazardous waste in Walmart’s compactor or garbage dumpsters. You should be aware that improper disposal of hazardous waste may subject you to criminal prosecution or civil penalties. In addition, if Walmart learns of violation of any laws, including improper management or disposal of hazardous waste, it will be considered a default under the terms of the Master Shopping Center Lease Agreement and grounds for termination of the lease and may affect your future ability to do business with Walmart.

Maintenance


Utilities

Unless otherwise agreed to in the Lease, Walmart shall pay for all public utilities furnished to the Leased Premises and shall reasonably cool, heat, and light and provide water and sanitary sewerage services to the building in which the Leased Premises is located. Walmart is not liable for any interruption whatsoever to the public utilities, the lighting, the cooling, the heating, the water or the sanitary sewerage services if any of the preceding are interrupted.

Telephone Service

Tenant shall pay for telephone service in the Leased Premises.

Heating and Air Conditioning Temperature

As seasons change, Tenant Operators may experience unusually hot/cold temperatures. The following process is designed to remedy that problem:

Step 1 Advise the Walmart Store Manager that you are experiencing unusual hot or cold temperatures.

Step 2 Walmart Store Management to follow standard HVAC maintenance procedures, ensuring Facilities Maintenance is aware of the situation and communicating expected service time back to tenant.

Tenant is responsible for cleaning diffusers and ceiling fans in the Tenant space.

Maintenance


Walmart takes every precaution to prevent accidents. Tenants must also take responsibility for their safety and for the safety of our customers, employees and associates. Below are some of the guidelines Walmart uses to aid in accident prevention. The key is consistent use of safe work practices such as:

• Stacking merchandise in a stable manner to avoid falling merchandise incidents.

• Cleaning up any spill immediately to avoid slip and fall incidents. Use caution cones where appropriate.

• Helping prevent falls – be alert for trip hazards such as paper on the floor.

• Keeping aisles and exits clear of boxes, merchandise, shopping carts and unattended ladders to minimize hazards on the sales floor and the stock room.

Customer/Associate/Tenant Injury

Tenants are responsible for all accidents within the lease space and must immediately report any such accident to Walmart store management. Walmart Management will respond to accidents that occur within the Walmart store outside of the leased spaces.

In Case of Emergency

• Tenants should familiarize themselves with the store's emergency flip charts.

• Tenants should meet with Walmart store management to acquaint themselves with store procedures and codes.

• Tenants are responsible for ensuring their employees understand Walmart’s emergency procedures and codes. The safety of customers, employees, and associates is a priority on any emergency situation. Fires (code red), bomb threats (code blue), and shootings (code brown) may require evacuation of the building. Additional evacuations will be announced on the public announcement (PA) system.

• When a facility is scheduled to close due to natural or man made disaster, the facility manager will notify lease space managers and collect emergency contact information.

Information Security Incidents

Notify Walmart’s Emergency Operations Center by phone (479) 277-1001 of any reasonably suspected or actual loss of customer personal information or breach or compromise of your company’s Information Security Program. Refer to your lease agreement for additional reporting requirements and details.

Landlord and Tenant Handbook | 4th Wall Guidelines23

Risk Management

Appendix IFood Operation

24

Sampling

The sampling of food products is permitted. The sampling needs to take place within the leased space or on trays at the entrances to Walmart, and this cannot block any customer traffic. Each Tenant must comply with Store Manger direction.

Tenant Space

For access and visibility, Walmart merchandise should not block the entrance, aisle ways, windows or visibility of the tenant space. Walmart should have no merchandise within 10 feet of the tenant space. This does exclude bakery racks in various locations due to prototypical floor plans. This does not include store benches.

Food Operations


Customer Service

Walmart associates are not allowed to obtain/expect free refills from the foodservice tenants as this is considered a security issue and should not happen. Associates should not obtain free napkins, condiments or utensils from the foodservice tenant unless the food is purchased with in their establishment as these items are provided with deli purchases.

Hours of Operation

The hours of operation need to be posted within the Food Tenant space. (See Advertising and Lease Line Guidelines).The food tenant needs to remain open the hours that are posted for the customer.

Holiday Hours

The hours of operations for Holidays will be the same as the posted hours of operations unless the Walmart store is closed for the Holiday.

Customer Service Phone Number

The Foodservice Tenant is required to post a phone number in the leased space for Customer Service calls. A 1-800 number is preferred.

Ceiling Maintenance

The following chart indicates who is responsible for cleaning and maintaining specific areas of the ceiling. The location of the ceiling will determine who maintains it.

Deliveries

The Food Tenant must accept deliveries through the Walmart receiving department. Walmart will use best efforts to notify Tenant when a delivery arrives. Delivery times must be coordinated with Walmart store management and be scheduled during normal operating hours.

Food Operations


Kitchen Dining Room

Clean & Replace Tiles

Tenant Walmart

Replace Light Bulbs & Ballasts (see details on Pg 28)

Walmart Walmart

Clean Diffusers Tenant Walmart

Ceiling Fans Tenant Tenant

Drain Problems

The Tenant will maintain drain lines that are installed specifically to service Tenant space as well as perform regularly scheduled maintenance on the lines. If issue was caused by negligence of the tenant, the Tenant will be responsible to pay for the service call. If the issue was caused by a failure and/or blockage outside of the tenants control Walmart will be responsible for costs to resolve the issue.

Storage

In Walmart Division 1 stores, the branded food service usually can be assigned 16 linear feet of storage in the rear of the store with appropriate approvals through store management and your Walmart corporate office contact.

Grease Tanks

The Grease Barrel System will be phased out in favor of the Grease recycling removal system.

*The party responsible for managing the removal of the discarded oil, is also responsible for cleaning up any spilled grease.

Food Operations


Oil Storage Container, Grease Caddy and Installation

Operating Cost/M & R cost of Equipment

Management of Discarded oil Removal*

Comments

Division One Walmart Walmart Tenant monitors and coordinates pick-up of discarded cooking oil

Tenant coordinates with Walmart representative the pick-up schedule of discarded cooking oil

Supercenter Walmart Walmart Walmart Tenant communicates and monitors the containers storage level to Walmart representative

Grease Interceptors

Walmart will maintain the grease interceptors, unless otherwise provided for in the Lease.

Equipment Maintenance

The Tenant will maintain all equipment including regular maintenance of exhaust fans, stacks and duct cleaning. The Tenant may use their preferred company to perform this service. If roof vent maintenance is required, the Tenant will obtain approval from Walmart store management and Asset Protection Associate BEFORE going onto the roof. Only Walmart approved contractors are allowed to perform maintenance on the roof.

Light Bulb Replacement

Walmart is responsible for all ceiling lights including fluorescent and can lighting. The tenant is responsible for all specialty lighting including menu board and pendant lights.

Pest Control

In addition to all regular pest control services provided by Walmart’s pest control provider, it will be the responsibility of the pest control provider to supply and

maintain an adequate insect control device in the dining area of the restaurant. There should be a minimum of one insect control device per service area and one insect control device in the dining area of the restaurant. The Pest Control Provider will supply any additional lights as determined by the pest provider or the Walmart Food Safety & Health Pest team in accordance with the current contract. Walmart’s pest control provider will also provide a monthly pest service and supply a separate report for the food service area. This report will include all pest control services provided and recommendations for corrective action that need to be taken as a preventative measure. The pest control report will be shared with store operations.

Walmart will do their best to not interrupt the tenants business, however the tenant should allow the pest control to service the space as needed.

Hot Water Heater

The Tenant must pay for the cost and repair of the hot water heater if it is specific to the Tenant space. If the Tenant is receiving hot water that is shared by Walmart, Walmart must maintain the hot water heater and provide the Tenant with water that is 140 degrees.

Food Operations


Floor Care

The Tenant is responsible for maintaining the cleanliness of its floor on a daily basis. This includes sweeping and mopping as necessary. The Tenant is completely responsible for maintaining floors behind the counter and in the kitchen area. Walmart will buff/wax the Tenant floors along with Walmart’s regular floor care schedule, (a minimum of once per month), provided the floor is of the same type as the Walmart floor. Walmart will not buff or wax flooring that was installed by the tenant. Walmart should exercise care when buffing so as not to damage the wall base. The Tenant should move tables and chairs in the restaurant. The Tenant is not responsible for maintenance of any Walmart’s floors.

Roof Leaks

The Walmart store manager should be notified of any roof leaks that are not equipment related. Walmart must maintain roof maintenance in accordance with the roof warranty. This includes replacing ceiling tiles in the Tenant space that are damaged from roof leaks.

Security

It is the Tenants responsibility to provide the Walmart management with a key to the security gate for emergency purposes.

Warranty Period

Once the restaurant has passed the contractor warranty period (one year from the Walmart possession date), it becomes the Tenant Operator’s responsibility to maintain all restaurant components put in place to facilitate the operations of the restaurant. Such components include wall finishes, hardware, doors, floors, plumbing, and electrical systems within Tenant Leased space.

If problems are encountered during the contractor warranty period, call the Maintenance Hotline (800-932-3367) to determine the appropriate action.

Food Operations


Bulk CO2

Bulk CO2 is approved in the stores, however the Tenant must use the approved vendor NuCO2.

Fire Sprinkler System

Walmart is responsible for maintaining the operation of the in-store fire sprinkler system. Walmart requires all Food Tenant walk-in coolers/freezers to have a fire sprinkler head inside the units. It is the Tenant’s responsibility to pay for the installation of these sprinkler heads in Walmart stores that are already open/operating. Tenant MUST use the Walmart fire sprinkler contractor for the installation. Walmart will install sprinkler heads for the food tenant in all new Walmart facilities at no cost.

What Products Can the Food Tenant Sell?

The Food Tenant cannot sell non-food products unless there is mutual agreement between the Tenant and Walmart Home Office.

Store Fundraisers

The store is allowed to have fundraisers for six (6) days total through a fiscal year. The food service tenant should be notified of the fundraiser 72 hours in advance.

The store should involve the Foodservice Tenant as often as possible with in-store fundraisers.

Windows

The Tenant will clean windows in restaurants with interior or exterior glass windows. Both sides of the glass windows should be cleaned in accordance with standard procedures.

Recruiting

Walmart management should not recruit any associates from the Tenant spaces, and the Tenants should not recruit associates from the Walmart staff. When possible both parties should communicate concerning applications received from their Tenants.

Contacts

Both Walmart and Tenant should complete the “Contact Lists” on Pages 6 and 7, provide each other a copy and Tenant should post a copy a copy in the Tenant Space for reference. It is strongly encouraged that the Walmart Store Manager and Tenant should meet on a “regular” basis (preferably monthly) to enhance their respective businesses and relationship.

Food Operations


Signage

Tenant Signage MUST remain inside the lease line at all times. If there is any non-approved marketing material outside of the said lease line, Walmart management will remove with no responsibility to return to the Tenant. It is the Walmart Store Manager’s responsibility to remove any marketing materials. (See Advertising and Lease Line Guidelines).

Any non-approved marketing material within the common area of the store or within the parking lot is the Walmart Store Manger’s responsibility to remove.

Food Operations


Miscellaneous

32

Miscellaneous

Important Notices

Should the Tenant receive any local notices, (i.e. Health Department, Fire Inspections, Town/Municipal Depts.) a copy should be immediately given to the Walmart Store Manager.

Tenant Checklist

A Tenant Checklist is given to the Walmart Store Managers to make sure that each tenant space is in compliance with Walmart standards. A member of Walmart store management is permitted to enter the tenant space to perform the Tenant Checklist inspection without prior notice.

New Tenant/Other Income Inquires

Please direct all inquires to: www.Walmartrealty.com/instoreleasing

Automated Consumer Services (Other Income)

Business Support:For all other income inquiries or questions please call the Other Income Hotline at 479-273-4516 or the other income email at [email protected].

Landlord and Tenant Handbook | 4th Wall Guidelines33

http://www.walmartrealty.com/instoreleasing

mailto:[email protected]

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