POLICIES & PROCEDURES
The General Contractor/Contractor/Vendor/Supplier (“Contractor”) must submit prior to obtaining building permits, when required and commencing construction, the following, for review by Owner:
- Certificate of Insurance (COI) naming Cousins Properties in addition to the Owner (general liability and workers’ compensation)- see "Insurance Protection" section below for additional details
- List of trades and corresponding Subcontractors
- Schedule of construction
- Complete and current set of the approved construction/contract documents
- Building permits and other governmental clearances
- Name and emergency telephone number(s) of the responsible Project Manager for the Project
- Foreman/Field Superintendent’s phone number and email
No sign, picture, advertisement or notice visible from the exterior of the Demised Premises shall be installed, affixed, inscribed, painted or otherwise displayed by Tenant on any part of the Demised Premises or the Building unless the same is first approved by Landlord. Any such sign, picture, advertisement or notice approved by Landlord shall be painted or installed for Tenant at Tenant's cost by Landlord or by a party approved by Landlord. No awnings, curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with any window or door of the Demised Premises without the prior consent of the Landlord, including approval by the Landlord of the quality, type, design, color and manner of attachment. In the event of any breach of the foregoing, Landlord may remove the applicable item, and Tenant agrees to pay the cost and expense of such removal.
Tenant agrees that its use of electrical current shall never exceed the capacity of existing feeders, risers or wiring installation. Any wires and wiring installed by or on behalf of Tenant within any riser of the Building shall be bundled together within such riser and a tag shall be placed on such bundle at each floor of the Building identifying the floor(s) served by each bundle and the name and telephone number of a representative of Tenant to contact in the case of an emergency. Tenant shall cooperate fully with Landlord to assure the most effective utilization of such Building resources. Tenant shall not attempt to adjust any Building resource controls. No heating, air-conditioning unit or other similar apparatus shall be installed or used by Tenant without the prior written consent of Landlord.
The Demised Premises shall not be used for storage of merchandise held for sale to the general public. Tenant shall not do or permit to be done in or about the Demised Premises or Building anything which shall increase the rate of insurance on said Building or obstruct or interfere with the rights of other lessees of Landlord or annoy them in any way, including, but not limited to, using any musical instrument, making loud or unseemly noises, or singing, etc. The Demised Premises shall not be used for sleeping or lodging. No cooking or related activities shall be done or permitted by Tenant in the Demised Premises except with permission of Landlord. Tenant will be permitted to use for its own employees within the Demised Premises a small microwave oven and Underwriters' Laboratory approved equipment for brewing coffee, tea, hot chocolate and similar beverages, provided that such use is in accordance with all applicable federal, state, county and city laws, codes, ordinances, rules and regulations, and provided that such use shall not result in the emission of odors from the Demised Premises into the common area of the Building. No vending machines of any kind will be installed, permitted or used on any part of the Demised Premises without the prior consent of Landlord. No part of said Building or Demised Premises shall be used for gambling, immoral or other unlawful purposes. No intoxicating beverage shall be sold in said Building or Demised Premises without prior written consent of the Landlord. No area outside of the Demised Premises shall be used for storage purposes at any time.
No birds or animals of any kind shall be brought into the Building (other than trained assist dogs or unless otherwise specified in this Lease). No scooters, skate boards, roller skates, roller blades, hover boards or other similar items of any kind shall be operated within the Building. No motorcycles or other motorized vehicles shall be brought into the Building (other than in the Building’s parking facilities). Bicycles must be placed in the bicycle storage area or taken to the tenant’s space via the freight elevator. Bicycles must be carried when in the building; riding bicycles inside the building is prohibited. Space heaters of any kind are prohibited in the building due to the fire hazard they pose.
The sidewalks, entrances, passages, corridors, halls, elevators, and stairways in the Building shall not be obstructed by Tenant or used for any purposes other than those for which same were intended as ingress and egress. At no time shall any tenant permit its employees, agents, contractors or invitees to loiter in the common areas or elsewhere in or about the Building. No windows, floors or skylights that reflect or admit light into the Building shall be covered or obstructed by Tenant, and no articles shall be placed on the window sills of the Building. Toilets, wash basins and sinks shall not be used for any purpose other than those for which they were constructed, and no sweeping, rubbish, or other obstructing or improper substances shall be thrown therein. Any damage resulting to them, or to heating apparatus, from misuse by Tenant or its employees, shall be borne by Tenant.
Tenant shall obtain such number of initial keys as Tenant elects for each entrance door in the Demised Premises as part of the Tenant Improvements. All locks must be keyed to the Building Master Key. Landlord may make a reasonable charge for any additional keys requested by Tenant following substantial completion of the Tenant Improvements. Once the initial manner of securing the Demised Premises is established, no additional lock, latch or bolt of any kind shall be placed upon any door nor shall any changes be made in existing locks without written consent of Landlord utilizing Landlord’s designated locksmith. At the termination of the Lease, Tenant shall return to Landlord all keys furnished to Tenant by Landlord, or otherwise procured by Tenant, and in the event of loss of any keys so furnished, Tenant shall pay to Landlord the cost thereof. Landlord shall also provide Tenant with access cards equal to the parking ratio specified in the Lease.
Landlord shall have the right to prescribe the weight, position and manner of installation of heavy articles such as safes, machines and other equipment brought into the Building. Tenant shall not allow the building structure within the Demised Premises, nor shall Tenant cause the elevators of the Building, to be loaded beyond rated capacities. No safes, furniture, boxes, large parcels or other kind of freight shall be taken to or from the Demised Premises or allowed in any elevator, hall or corridor except at times allowed by Landlord. Tenant shall make prior arrangements with Landlord for use of freight elevator for the purpose of transporting such articles and such articles may be taken in or out of said Building only between or during such hours as may be arranged with and designated by Landlord. The persons employed to move the same must be approved by Landlord. Landlord reserves the right to inspect and, where deemed appropriate by Landlord, to open all freight coming into the Building and to exclude from entering the Building all freight which is in violation of any of these Rules and Regulations and all freight as to which inspection is not permitted. No hand trucks, mail carts, floats or dollies shall be used in passenger elevators. All hand trucks, mail carts, floats or dollies used by Tenant or its service providers for the delivery or receipt of any freight shall be equipped with rubber tires.
Tenant shall not cause or permit any gases, liquids or odors to be produced upon or permeate from the Demised Premises, and no flammable, combustible or explosive fluid, chemical or substance shall be brought into the Building. Tenant shall prevent inadequate ventilation from and will assure proper operation of any HVAC systems and/or office equipment under Tenant's control, and Tenant will not allow any unsafe levels of chemical or biological contaminants in the Demised Premises and will take all steps necessary to prevent the release of such contaminants from adhesives, machinery, and cleaning agents. Tenant shall cooperate in all respects with Landlord regarding the management of the indoor air quality in the Building and in connection with the development and implementation of an indoor air quality management plan for the Building. If Tenant shall assert that the air quality in the Demised Premises is unsatisfactory or if Tenant shall request any air quality testing within the Demised Premises, Landlord may elect to cause its consultant to test the air quality within the Demised Premises and to issue a report regarding same. If the report from such tests indicates that the air quality within the Demised Premises is comparable to the air quality of other Class A office buildings in the market area of the Building, or if the report from such tests indicates that the air quality does not meet such standard as a result of the activities caused or permitted by Tenant in the Demised Premises, Tenant shall reimburse Landlord for all costs of the applicable tests and report. Additionally, in the event Tenant shall cause or permit any activity which shall adversely affect the air quality in the Demised Premises, in the common area of the Building or in any premises within the Building, Tenant shall be responsible for all costs of remedying same.
Smoking shall not be permitted in any part of the building including the garage, loading dock, balconies, courtyards and all common areas. Tenant shall not permit its employees, invitees or guests to smoke in the lobbies, balconies, passages, corridors, elevators, vending rooms, rest rooms, stairways or any other area shared in common with other tenants in the Building, or permit its employees, invitees, or guests to loiter at the Building entrances or balconies for the purposes of smoking. Landlord may, but shall not be required to, designate an area for smoking outside the Building; provided, however, in no event will smoking be permitted within 30’ of the exterior doors.
Every person, including Tenant, its employees and visitors, entering and leaving the Building may be questioned by security personnel as to that person's business therein and may be required to produce a valid picture identification and to sign such person's name on a form provided by Landlord for registering such person; provided that, except for emergencies or other extraordinary circumstances, such procedures shall not be required between the hours of 7:00 a.m. and 7:00 p.m. on all days except Saturdays, Sundays and Holidays. Landlord may also implement a card access security system to control access to the Building during such other times. Landlord shall not be liable for excluding any person from the Building during such other times, or for admission of any person to the Building at any time, or for damages or loss for theft resulting therefrom to any person, including Tenant.
Unless agreed to in writing by Landlord, Tenant shall not employ any person other than Landlord's contractors for the purpose of cleaning and taking care of the Demised Premises. Cleaning service will not be furnished on nights when rooms are occupied after 6:30 p.m., unless, by agreement in writing, service is extended to a later hour for specifically designated rooms. Landlord shall not be responsible for any loss, theft, mysterious disappearance of or damage to, any property, however occurring. Only persons authorized by the Landlord may furnish ice, drinking water, towels, and other similar services within the Building and only at hours and under regulations fixed by Landlord.
No connection shall be made to the electric wires or gas or electric fixtures or HVAC equipment, without the consent in writing on each occasion of Landlord. All glass, locks and trimmings in or upon the doors and windows of the Demised Premises shall be kept whole and in good repair. Tenant shall not injure, overload or deface the Building, the woodwork or the walls of the Demised Premises, nor permit upon the Demised Premises any noisome, noxious, noisy or offensive business.
If Tenant requires wiring for a bell or buzzer system, such wiring shall be done by an electrician approved by Landlord in its reasonable discretion. All wiring for telephone or any similar service shall be approved by Landlord in its reasonable discretion, and no boring or cutting for wiring shall be done unless approved by Landlord or its representatives, as stated. The electric current shall not be used for space heaters unless written permission to do so shall first have been obtained from Landlord or its representatives in writing, and at an agreed cost to Tenant.
Tenant and its employees and invitees shall observe and obey all parking and traffic regulations as imposed by Landlord. Landlord may charge an hourly rate (as determined by Landlord from time to time) for any visitor parking in the Building parking facilities. Failure to observe the rules and regulations shall terminate an individual’s right to use the Parking Facility and subject the vehicle in violation to removal and/or impoundment. Parking stickers and access cards or other forms of identification supplied by Landlord shall remain the property of Landlord and not the property of a tenant and are not transferable. All vehicles shall be parked only in areas designated therefor by Landlord. Storing of vehicles in the parking facility is prohibited and the Landlord will strictly enforce. Should a special situation arise requiring a vehicle to remain in the Parking Facility overnight, a work order will be required stating date(s) and duration of overnight(s), as well as vehicle description, including make, model, year, color, license plate number, parking level, and space number if located in a reserved space. If vehicles are blocking driveways or passageways or parked in violation of Landlord's rules and regulations or are otherwise parked in unauthorized areas or spaces, Landlord may exercise vehicle removal remedies under Tex. Transp. Code Ann. § 684.011 et. seq. (Vernon 2010), as the same may be amended from time to time. The owner of the vehicle or its driver assumes all risk and responsibility for damage, loss or theft to vehicles, personal property or persons while such vehicle is in the Parking Facility.
Canvassing, peddling, soliciting and distribution of handbills or any other written materials in the Building are prohibited, and Tenant shall cooperate to prevent the same.
Tenant agrees to participate in the waste recycling programs implemented by Landlord for the Building, including any programs and procedures for recycling writing paper, computer paper, shipping paper, boxes, newspapers and magazines and aluminum cans. Tenant shall provide collection receptacles for recyclable paper and/or recyclable aluminum cans in the Demised Premises, Tenant shall designate an appropriate place within the Demised Premises for placement thereof, and Tenant shall cause its employees to place their recyclable papers and/or cans into the applicable receptacles on a daily basis. Tenant shall store all of its trash and garbage within the interior of the Demised Premises. No materials shall be placed in the Building’s trash containers or receptacles if such material is of such a nature that it may not be disposed of in the ordinary and customary manner, or if such an act would violate any law or ordinance governing such removal and disposal.
Any special work or services requested by Tenant to be provided by Landlord shall be provided by Landlord only upon request received at the management office. Building personnel shall not perform any work or provide any services outside of their regular duties unless special instructions have been issued from Landlord or its managing agent.
Tenant shall not permit or suffer the Demised Premises to be occupied or used in any manner offensive or objectionable to Landlord or other occupants of the Building by reason of noise and/or vibrations, or interfere in any way with other tenants or those having business therein. Without limiting the generality of the foregoing, Tenant agrees it will not breach the covenant of quiet enjoyment for other tenants, and Tenant agrees not to make or permit any disturbing noises, including but not limited to, cheering, yelling, shouting, whistling, loud clapping, foot stomping, and/or instrument playing in, on or about the Demised Premises. Tenant shall keep the volume of any employee or guest, radio, public address systems, stereo, televisions, and any other piece of equipment which emits sound sufficiently low so as not to disturb other tenants or those having business in the Building. Any machines, equipment, instruments, systems or other property of Tenant or its employees, agents, guests, invitees, licensees or other related parties of Tenant, which causes noise or vibration that may be transmitted to the structure of the Building or any space therein to such a degree objectionable to Landlord or any other tenants or occupants of the Building, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise or vibration, and Tenant shall ensure that the operation thereof and Tenant’s use of the Demised Premises is such that such noise and vibration is eliminated. Without limiting Landlord’s other rights and remedies, if Tenant violates any of the foregoing, Landlord may, at Tenant’s sole cost and expense, install such eliminators, devices, ceiling tiles, sound mufflers, sound boxes or other such items as Landlord determines necessary to eliminate any noise or vibration being transmitted out of Tenant’s Demised Premises. Tenant shall bear the cost and expense of any such installations and any acoustical or structural engineer hired by Landlord in connection therewith, which shall be payable by Tenant upon demand.
Landlord shall have the right to change the name of the Building and to change the street address of the Building, provided that in the case of a change in the street address, Landlord shall give Tenant not less than 180 days prior notice of the change, unless the change is required by governmental authority.
The directory of the Building will be provided for the display of the name and location of the tenants. Landlord must first approve any additional name which Tenant shall desire to place upon said directory.
All tenants will refer any contractors, contractor’s representatives and installation technicians rendering any services to them to Landlord for Landlord’s supervision and approval prior to commencement of any work. This requirement extends to any work covered by the Work Letter or undertaken after lease commencement. Such work also falls under the requirements of the Work Letter.
Landlord reserves the right to exclude or to expel from the Building any person who, in Landlord’s judgment, is intoxicated or under the influence of liquor or drugs, or who is in violation of any of these Rules and Regulations.
Landlord has the right to evacuate the Building in the event of an emergency or catastrophe.Tenant is responsible for accounting for the whereabouts of its employees after an evacuation of the Demised Premises and/or the Building and reporting same to Landlord’s designated personnel. Tenant shall maintain an updated list of its employees and shall appoint a contact person, who shall promptly let the Building manager and emergency personnel know which, if any, of its employees are unaccounted for after an evacuation. Tenant is responsible for providing Landlord with a current list of mobility impaired persons at all times.
To ensure that safety requirements are met and balcony flooring is protected, any proposed items to be placed on balconies such as chairs, tables, stools, etc. must be proposed for Landlord review and approval.All items must adhere to exterior balcony rules and regulations.Damage to any items placed on balconies resulting from high wind or inclement weather is solely Tenant’s responsibility to repair.Damage to the exterior walls or windows resulting from the placement of these items on the balconies is fully the responsibility of Tenant and may be repaired at the Landlord’s option and charged back to the Tenant.
Any violation of these rules and regulations will be a default by Tenant under its Lease and Landlord shall have all rights and remedies available to Landlord under the Lease, at law and in equity.Without limiting the generality of the foregoing, Landlord has the right to develop a system of fines and other remedial actions which may be necessary or desirable to enforce and monitor compliance with these rules and regulations.Any fine imposed by Landlord shall be paid by Tenant to Landlord as rent, upon demand, and is secured and may be collected in the manner set forth in the Lease with respect to rent.
Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular lessee, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other lessee, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all of the other lessees of the Building.
These Rules and Regulations are supplemental to, and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of any premises in the Building.
Landlord reserves the right to make such other and reasonable Rules and Regulations as in its judgment may from time to time be needed for the safety, care and cleanliness of the building, and for the preservation of good order therein.
Vendors and Contractors to provide a Certificate of Insurance with the following minimum requirements as it relates to San Jacinto Center, 98 San Jacinto Boulevard, Austin, Texas 78701, which must be shown on the certificate.
A. Commercial General Liability
$1,000,000 General Aggregate
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Each Occurrence
General Aggregate Limit Per Project or Per Location Only
B. Automobile Insurance
$1,000,000 Combined Single Limit
C. Workers’ Compensation – Should meet all state requirements
$500,000 Each Accident
$500,000 Disease Policy Limit
$500,000 Disease Each Employee
D. Umbrella Liability
$4,000,000 Each Occurrence
ANY REQUIREMENTS OUTLINED IN YOUR CONTRACT SUPERCEED THE MINIMUMS LISTED ABOVE (IF APPLICABLE)
E. The full name of the property owner & manager, Cousins - San Jacinto Center LLC and Cousins Properties, Inc. must be shown as Additional Insured. In regards to Commercial General Liability policy, ISO additional insured endorsements CG 20 10 and CG 20 37 or their equivalents may be required.
F. Issue the certificate to:
Cousins - San Jacinto Center LLC
Cousins Properties, Inc
98 San Jacinto, Suite 530
Austin, Texas 78701
G. Liability policy will extend to any liability or vendor arising out of indemnities provided for in the contract.
If you have any questions or concerns, please contact the management office at 512.279.2170.
The Management Office requests that you engage a reputable moving company and coordinate your move with the Management Office. A Certificate of Insurance will be required.
Please note the following regarding your move:
- The exclusive use of the freight elevator for moving in or out of the building must be done after 7:00pm Monday through Friday or any time on the weekends. The freight elevator is accessed through the Loading Dock adjacent to the parking garage entrance off Brazos Street.
- Any damage to the building or fixtures caused by the move will be repaired or paid for by the moving company and/or Customer.
- All moving company employees must sign in at the Security Desk upon arrival, and check out upon departure. Moving personnel are required to be properly dressed and follow all building rules and regulations.
- Pallet jacks are not allowed in the building. Please do not discard pallets in the dumpster.
- Boxes should not be discarded in our recycling compactor (located on Brazos), boxes can be discarded by our janitoral team, but must be brokedn down, placed in the frieght elevator lobby, labled trash", and not exceed 10 broken down boxes a day.
All space alterations and construction projects must be submitted in advance to the Property Management Office for approval. Our Engineers will review plans for electrical, HVAC, fire & life safety, among other building-related infrastructure changes and concerns, prior to any work commencing, to ensure the safety, functionality, and comfort of our Customers.
Smoking shall not be permitted in any part of the building, including the garage, loading dock, balconies, courtyards, and all common areas. Tenant shall not permit its employees, invitees, or guests to smoke in the lobbies, balconies, passages, corridors, elevators, vending rooms, rest rooms, stairways or any other area shared in common with other tenants in the Building, or permit its employees, invitees, or guests to loiter at the Building entrances or balconies for the purposes of smoking. In no event will smoking be permitted within 30’ of the exterior doors.
‘Smoking’ includes tobacco, electronic, and vaporizing devices.