Butler de mexico, S



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CONTENTS

Letter of Welcome 2

Industrial Park FINSA Apodaca 5

FINSA Apodaca Contacts 6 -

Telephones in case of an emergency 6 -

Services provided at the park 6 -

Directory of companies located inside the park 6 -

Location map of your company 7 -

Internal Regulations for the Operation and Administration of the Industrial Park. 10

Restrictions and limitations of the Industrial Park 17

Maintenance Program of the Industrial Warehouses 27

Security in the Internal Traffic of the Industrial Park 37

Recommendations for work safety measures in jobs within the Industrial Warehouse 40

Surveillance Service 72




Letter of Welcome

BUTLER DE MEXICO, S. DE R.L. DE C.V.
Dear Client: WELCOME TO FINSA!
We appreciate your confidence in becoming a part of our industrial developments. We have the pleasure of welcoming you to the facilities of the Industrial Park FINSA Apodaca. We are honored to have you as part of our client portfolio.

FINSA is the leading company in the development of industrial property in Mexico. The company was founded in 1977 in Matamoros, Tamaulipas. We are can proudly state that we have had 30 years of success and that together with our Clients there has been a development of great ideas. We currently have in operation 12 industrial parks located in Iztapalapa, D.F.; Reynosa, Nuevo Laredo, and 3 in Matamoros, Tamaulipas; Apodaca and Guadalupe, Nuevo León; Cuautlancingo, Puebla; El Marqués, Querétaro; Ramos Arizpe, Coahuila; and Tijuana, Baja California, as well as representatives in Texas, United States and Cordoba, Argentina.


We have developed more than 4 million square meters of construction distributed throughout all the Mexican Republic, and in the state of Texas in the United States, and Argentina. There are more than 260 companies in our industrial developments from the industrial automotive, aviation sector, as well as from the medical, electronic, logistics, financial, and communication industries, amongst others.

In the operation of the Industrial Parks, we lend assistance to our clients in the daily activities, providing vehicular control services, fire alarm systems, surveillance, maintenance of green areas, the supply of water and residual water treatment, etc. In our parks we have as a daily average:

- The attendance of 62,500 employees and 8,200 visitors

- The transit of 36,000 vehicles

- The supply of 5,800 m3 of water

- The treatment of 2,000 m3 of residual waters and

- We operate 3 fire alarm systems that provide service to the internal network of the parks with a capacity of 1200 Gal/min.
We always focus our work so that your company can attain its objectives.
In the attached page, you shall find information about the services we are providing inside the Industrial Park, through our company Mantenimiento Integral FINSA, S.A. de C.V., as well as the contact information of the various service providers that shall be of great help in your daily activities.

We appreciate your consideration and hope you have the assurance that FINSA is willing to assist you in every manner to contribute to the success of the operation and development of your business.


Respectfully,
Sergio Arguelles

President




Industrial Park FINSA Apodaca

Industrial Park FINSA Apodaca

Our offices are located at Blvd. Interamerican #304, Parque Industrial FINSA, Apodaca, N.L.; where you shall find that our personnel is there to attend to your needs from Monday to Friday from 8:00 am to 1:30 pm and from 2:30 pm to 5:30 pm at the following telephones:


01 (818) 145 00 19 al 21
Head of Maintenance:

Salvador Esparza (ext. 104 y NEXTEL 52*37763*2)

sesparsa@FINSA.net

Accountant on site:

Paola Martínez. (Ext. 100)

pmartinez@FINSA.net
Telephones in case of a contingency:
Surveillance of the Park: Guardhouse Nextel: 52*240610*18 Guardhouse Telephone 81-45-00-19 Ext. 111

Police: 83-86-09-11

Fire Department: 83-86-20-61

Civil Defense: 8386-1112 8386-1406

Red Cross: 83-75-11-77

Electric Company: 071

Gas Company: 81-25-86-25
Services provided in the park
-Supply of industrial water (not suitable for human consumption) at the rate of 0.25 LPS/Hectare

-Treatment plant for residual waters with a capacity of 12 LPS

- Weekly cleaning and collection of garbage in common areas

-Lighting of streets

-Conservation of common green areas that include: mowing the grass, fertilization, and fumigation of the lawn.

- 24 hour surveillance of common areas from Monday through Sunday




Telephones of the companies in the Industrial Park FINSA Apodaca:


COMPANY

TELEPHONE

BAYMEX

13-67-31-16

BUTLER

82-62-46-00

C INDUSTRIALES

01-86-77-19-22-41

CARPLASTIC

81-96-20-00

D&D MANUFACTURING

81-45-05-12

DONCASTERS

81-45-00-32

EZI METALES

81-45-04-06

FILTRONA

81-45-01-06

GE

82-88-02-00

HI TEC

81-45-04-73

HOTEL IBIS

81-33-81-33

INNOVAPACK

81-45-04-50

MAGNA

81-45-05-00

MAZAK

11-56-13-07

METAL SYSTEMS

82-21-09-17

METHODE

81-56-92-00

NORTH AMERICAN

81-45-03-12

OPERADORA DE RESTAURANTES IANNILLI

81-45-01-50

PELICULAS

81-45-07-45

POLIESTIRENO ALFA GAMMA

83-64-62-26

PROMO CARIBEÑA

83-63-65-04

SPH

81-96-53-14

TECHNO STEEL

81-96-30-80

TRACUSA

01-47-71-19-28-98

TRADELINK

81-45-05-63





Internal Regulations for the Operation and Administration of the Industrial Park


INDUSTRIAL PARK FINSA MONTERREY

INTERNAL REGULATIONS FOR ITS OPERATION AND ADMINISTRATION

 
The Industrial Park FINSA Monterrey in Apodaca, Nuevo León with a geographic surface clearly delimited (Annex A) (in the foregoing shall be called the “Park”) and that it currently has sufficient urbanization and infrastructure for the establishment of companies focused on industrial service, investigation activities, and technological development; and that it has been constituted in compliance to the federal provisions of the Decree that promotes the creation and the operation of the Parks and industrial zones dated May 18, 1993 and by mutual agreement with the property owners and lessees of the Park, they agree to issue this Regulation under the following guidelines:

 
FIRST.- The Park is privately owned and is legally constituted according to Mexican Legislation. The Park is operated and administered by Mantenimiento Integral FINSA, S.A. de C.V. (“MIFINSA”)

 

SECOND.- The Park is properly registered before the Secretary of Commerce and Industrial Development in compliance with the aforementioned Federal Decree.


THIRD.- Its location and its topography facilitate industrial establishment and the property is clearly defined at the registry of pubic deeds where the park is located as well as the transfers that have been made. 
FOURTH.- The Park has the authorization to make lots as well as the authorization for zoning, to use of industrial water, electric energy, drainage and that regarding to the prevention and control of environmental pollution given by the State Authority as well as the Municipal Authority.

 

FIFTH.- The Park can have a social infrastructure as day care centers and a center for medical assistance and that it can reserve territory and have security zones.


SIXTH. - OBJECTIVES. The Park has as its main objectives:

 

1. - To contribute to the balanced development of the region and to industrial decentralization



2. - To provide settlement to companies with high technology as well as the consolidation of their basic and urban equipment

3. - To coordinate with the State Government and with the Municipal Government as well as with the private and social sectors for the regional and harmonized development of the Park trying to keep harmony amongst the factors involved in the production.

4. - To organize the common interests of the users of the Park for the benefit of themselves.

5. - To try to maintain a harmonic design and construction of the buildings in the Park with those already in existence at the Park, and that they comply with the space dispositions and construction requirements outlined by the competent Authorities.

 

SEVENTH.- ORGANIZATION AND FACULTIES OF THE COMMITEE

 

FINSA, as the administrator and operator of the Park, creates the Committee Board that shall be the maximum authority, represent the users, and shall have the following organization and faculties:


 

1. - The Committee consists of the current and future owners and lessees of the Park, and they shall have the obligation of assisting and participating in the meetings that this Committee summons and shall ensure the fulfillment of these Regulations and/or any other dispositions that the Committee authorizes.

2. - The Committee shall be presided by an officer who designated by FINSA, who shall summon periodic meetings when the President or the majority of the users requests it.

3. - The Committee shall have the faculties of representing the users before the corresponding administrative authorities; to authorize construction projects, review and approve the legal documentation that the future users of the Park present; and to analyze and approve any change or exception of the present Regulations.  

4. - The Committee shall have the right to access any property during working hours with a previous request to the lessee in order to supervise any aspect related to the present Regulations.

5. - The Committee shall annually give a report of the administration of the Park breaking down the costs of its maintenance and other operative expenses.

 
EIGHTH.- CONSTRUCTION RESTRICTIONS

 

1. - Only plans and projects for the building of constructions qualified as light and clean industrial operations, medium non-polluting industry, and the establishment of industries in the branch of basic chemistry and heavy industry or similarly qualified is prohibited by the respective Legislation.



2. - Each individual or company that acquires a lot of land in the Park shall have a term of no more than six months after the buying-selling date to initiate the construction of its industrial warehouse.  

3. - Any building constructed on a lot of the Park shall be set up at a distance of no less than 10 meters from the main street or 5 meters from the adjoining lateral or back fields of said lot; the sidewalks that are built shall have a minimum of 1.40 meters in width, made of concrete and 1.60 meters of green area covering all the perimeter of the adjacent lot to a street.

4. - Every construction project of any size inside the Park shall be put to the consideration of the Committee with all the information for the purpose of it delivering judgment about said project, whether approving or disapproving said project.

5. - Once the construction has been concluded, the lessee makes a commitment of keeping it clean from garbage and keeping the green areas free of weeds, maintaining its clean aspect and making the constructed areas visually pleasant.

 

NINTH.- ENVIROMENTAL POLLUTION

 

For the proper conservation of the environment and the control of any source of pollution, the users are committed to follow the atmospheric control rules for the prevention of air, water, and sanitary discharges that pollute the environment and comply to the national regulations of waste disposal and industrial wastes. The use of the land or buildings to develop industrial activities that provoke the emission of dust, gases, smoke, noise, vibrations, or radiations as well as the storage of merchandise or any other product into the environment shall be in accordance to the applicable provisions in the subject in question.


 

TENTH. - PUBLIC UTILITIES

 

The Committee agrees to supervise and ensure that the public utilities that are given to the users of the Park such as water, pluvial and sewage, drainage, electricity, and telephone lines are available up to the property limits of the user, with the understanding that the expenses for connections, installations of infrastructure, acquisitions of meters and analog expenses shall be paid by the user of the Park


 

ELEVENTH.- FEES

 

The users of the Park shall pay a monthly fee for the total expenses for the maintenance and operation of the Park and the administrative expenses that are generated by the Committee in order to give the Park the necessary maintenance in the gardens, cleaning of the streets and accesses, as well as the expenses for surveillance and emergency services.



 

The beforementioned fees are set for a year’s time and are determined by the Committee according to the resultant factor of multiplying the monthly budgeted expense times the average percentage made of the population that the building has and the average percentage of the square meters of construction of the building, considering that it shall be of 50% for the first and 50% for the second, as is stated above:


Number of workers per Building X 0.5 = Average Percentage of people

Total Population of the Park

X budgeted

expense


m2 of construction of building X 0.5= Average percentage of m2 of monthly m2 of construction

construction of the Park
These shall be covered the first five business days of each month.
The annual increase of the fee shall be determined by the Committee according to the market growth and the inflation index determined by the Central Bank of Mexico. The failure to pay the fees on time shall generate an interest based on the balance of the interbank interest rate + 2 points or that of the current rate of interest.

 

TWELFTH.- OBLIGATION OF COMPLIANCE TO THE REGULATIONS

 

The present Regulation is mandatory for all the current and future owners and lessees of the land of the Park as well as their representatives or indirect users, or sub-lessees. The term shall be indefinite and can be modified upon by agreement of the Committee.



 

THIRTEENTH.- TRANSFER OF RIGHTS
The users of the Park cannot transfer their property, possession, use, and trust rights or any other title of claim in their possession of the lots of the Park without the understanding that these shall assume the obligation to respect the norms of the Regulation under the same conditions and terms of the users. For these purposes, an agreement shall be signed between the parties with the Committee Board of the Park. 
The users shall jointly sign a copy of these Regulations with the Committee as an acceptance of these regulations, and they shall attach the public or private documents that are required for the various administrative procedures.

 


FOURTEENTH.- LEGISLATION

 

The interpretation and application of these Regulations shall be submitted to the Laws, Regulations, Decrees, and Administrative Affairs that are applicable and the users are expressly commit themselves to the to the competency of the Courts of the City of Monterrey, Nuevo León, therefore waiving any jurisdiction that may correspond to the same because of their address or any other reason.





Restrictions and limitations of the Industrial Park


INDUSTRIAL PARK FINSA MONTERREY

PROTECTIVE RESTRICTIONS AND LIMITATIONS
Mantenimiento Integral FINSA, S.A. de C.V. (which hereafter is referred to as “FINSA”), is the owner of the surface of the land located in the Industrial Park FINSA Monterrey, in the city of Apodaca, Nuevo Leon; said land has been constituted as an Industrial subdivision dedicated exclusively to the establishment of clean and light industry and that hereafter shall be referred to as the “Industrial Park”.
For the purpose of protecting the industries that are established at such Industrial Park and to ensure the development of all the industrial center that may help with the creation of an efficient work atmosphere, the following Protective Restrictions and Limitations are established that are applicable and mandatory for FINSA, for the owners, lessees, trustees, or holders under any title of the premises and/or buildings located in the Industrial Park or that are the property of FINSA and for any individual or company that in the future may have use of or acquire land and/or buildings in the Industrial Park (Proprietors or Users):

FIRST.- For no reason shall there be established in the Industrial Park any industrial operations that are dedicated to the industrial sector of basic chemistry, heavy industry, or similar industries. Only the establishment of clean and light industry shall be accepted, and these are to is be understood as to those capable of carrying out their manufacturing activities, assembly of services, administration, storage, engineering, loading and unloading operations, handling, and other auxiliary work or accessories inside de limits set by these Protective Restrictions and Limitations.
SECOND.-- Non of the buildings, expansions, improvements, adaptations, modifications, or industrial installations (hereafter jointly referred to as the “Industrial Warehouse”), can be constructed at less than 12.5 meters from any street or less than 5.00 meters from the lateral boundary or rear lot in which said Industrial Warehouse is located.
On the boundary limits of the lots with the streets and avenues, there should be a pedestrian lane, built of cement or of a similar material with a width of no less than one meter. No more than 60% of the land can be used for the construction of the Industrial Warehouse.
THIRD.- The part of the land that is in front of the Industrial Warehouses, between the Industrial Warehouse in question and the street should be cleaned and maintained in the manner in which it shows a fresh and attractive aspect. The totality of such area shall be covered by a pedestrian lane, circulation areas for vehicles with a surface that allows filtration, gardening, decorative recovering of gravel or a similar material, or constructions of a decorative type that are compatible with the architectural style of the facade of the Industrial Warehouse whose design had been previously approved by FINSA. The part of the land that is to the sides and in the back of the Industrial Warehouse should be maintained clean of any garbage, weeds, or any other article and/or material, and it should be leveled, free of any trenches, excavations or promontories, unless these are for a decorative purpose previously approved by FINSA. The back area should be maintained with an abundance of trees.
FOURTH.- The parking of trucks, buses, and industrial vehicles is prohibited on the streets. Such vehicles should be parked in the back or lateral part of the Industrial Warehouse.
FIFTH.- Loading and Unloading docks or ramps facing the facade of the Industrial Warehouse cannot be built. The construction of them should always be in the pavement areas with access to vehicles for the loading and unloading areas.
SIXTH.- The open storage of merchandise, products, equipment, machinery, filler material, or any other article is prohibited outside the Industrial Warehouse unless that such storage is perfectly concealed in all directions with screens, lattices, or meshes whose appearance has been previously approved by FINSA.
SEVENTH.- It is prohibited to use the land or Industrial Warehouses that are located inside the Industrial Park for the development of activities that as a result may have any of the following consequences, in quantities or levels that can be perceived at the limits of the lot that the industry in question occupies:

a) The emission of dust and/or smoke

b) The generation of gases, vapors, and odors

c) The production of noise, vibrations, and/or radiation
EIGHTH.- Any type of operations that generate high intensity luminosity are prohibited inside the Industrial Park, unless that they are isolated in a manner that there would be no disturbance to anyone that can perceive them from any of the limits of the lot in which the operation in question is located.
NINTH.- The discharging of drainage lines into the Industrial Park of any type of substances, wastes, or liquid discharges of a process that is toxic or that has levels of acidity or alkalinity superior to the accepted; or for the same reasons cause corrosion in the conduct lines, or that could cause problems for that same reason in the excess of acidity or alkalinity in the drainage system where the general lines of the Industrial Park are being discharged, or problems of poisoning or harmful pollution in the event of considerable leaks in such drainage lines should be avoided. It is only permitted to carry out sanitary discharges that comply with the norm NOM-002 ECOL (Mexican Official Ecology Norm 002).
TENTH.- Signs, notices, or advertisements on signs or in industrial warehouses can only be placed in the Industrial Park, when such signs, notices or advertisements have as an only purpose to identify the company that uses such lot or Industrial Warehouse, whether as a property, lease, or under any other title.
Such signs, notices or advertisements can only be used for the general characteristics established by FINSA, accepting as well the emblems, logos, monograms or trademark that are generally used by the companies located in the Industrial Park. It is prohibited to paint signs on the roofs of the Industrial Warehouse or to place signs that exceed the altitude of the principal facade of the Industrial Warehouse.
ELEVENTH.- The exterior aspect of the industrial warehouses in general should be maintained in a good state of cleanliness and orderliness. The exterior painted surfaces should be repainted at least every two years.
TWELFETH.- Any of the persons signaled out in the second paragraph of these Protective Restrictions and Limitations can carry out the constructions, extensions, modifications, alterations, improvements, or demolitions of an Industrial Warehouse, and he or she shall have to comply with the following requirements:


  1. Make a formal written request to FINSA for the authorization to carry out any of the construction work indicated in the previous paragraph and accompanying said request there should be included the projects, blueprints, and definite specifications of said construction work.

  2. Once the documents mentioned in the previous paragraph have been received by FINSA, their analysis shall proceed with the purpose of determining if the construction work to be done does not violate any of the Protective Restrictions or Limitations established in this document.

  3. FINSA shall have 15 work days starting from the date of the reception of the documents to acknowledge the reception of the documents, to grant their authorization or in its case, the refusal to carry out said construction work.

  4. A negative response shall be given based exclusively on any violation to any of the Protective Restrictions and Limitations mentioned herein.

  5. If the individual or company in question, once having received the negative response from FINSA, modifies his/her project in a manner that the planned construction work does not violate the Protective Restrictions and Limitations, FINSA shall again receive the verified documentations of the changes, the revision shall proceed according to the procedure and under the terms established in the previous paragraphs. If the project complies with the present Protective Restrictions and Limitations, FINSA shall give its authorization for the construction work in question to take place.

  6. When the term of the 15 business days from receiving the written petition as referred to in the previous section a) FINSA does not give its refusal to the authorization, and in that event the individual or the company in question can carry out the construction work under the terms specified in the blueprints, projects, and specifications presented for the approval of FINSA.

In the event of construction or an expansion, FINSA shall review the project and shall thereby continue in its approval of the blueprints and architectural and engineering designs for the construction, plumbing systems, heating, ventilation, air conditioning, electricity and protection against all types of fire for a quantity agreed upon by both parties: If the parties do not agree on the monetary amount that is going to be charged, they should therefore agree with a rate that is more appropriate and stipulated in the “Minimum Duties” that are mandatory for the rendering of professional services in Mexico. If the rate previously mentioned ceases to be published or emitted, the parties should use another rate that is generally known and accepted in Mexico for similar determinations.


THIRTEENTH.- With the purpose of verifying that the construction work to be done in the Industrial Park is being carried out in strict compliance to the Protective Restrictions and Limitations and that the same has also complied with the quality norms, technical requirements, and architectural harmony of those of the other Industrial Warehouses located in the Industrial Park. The individuals or companies that pretend to carry out the construction work shall provide to FINSA the name and general information of the contractors and subcontractors responsible for the execution of the construction work so that FINSA can verify and investigate their solvency and technical capacity as well as their financial status.
If the investigation carried out by FINSA results in that the contractor or subcontractor, does not have the technical, moral, or financial capacity to carry out the construction work in question, FINSA can deny the authorization for the construction stating the reasons for the denial of the proposed contractor by the owner of the construction work.

The acceptance or denial of the contractor or subcontractor by FINSA shall be notified to the owner of the construction work during a term of 15 business days starting from the date that it has written knowledge of their names and information, with the knowledge that if FINSA does not issue a reply, the proposed contractor and subcontractor shall be considered as accepted.



FOURTEENTH.- FINSA is not responsible for the damages that the contractors may suffer, subcontractors nor the individuals or companies that have the right to carry out any of the previously mentioned construction work in the first paragraph of the previous twelfth clause that have been caused by:


  1. A refusal given by FINSA to carry out the construction work because of violations to the Protective Restrictions and Limitations.

  2. A refusal given by FINSA for a specific contractor or subcontractor to carry out the construction work


FIFTEENTH.- The owners or users should implement a Procedure for Cutting and Welding as well as to request a permit in writing to FINSA so that the personnel from FINSA may supervise the cutting and welding operations for which the Owners and/or Users and/or their contractors are responsible. The procedure should include at least the following:


  1. A portable extinguisher should always be maintained in the work area.

  2. A second person should be present as a guard to watch that a fire does not ignite while the cutting and welding work is being carried out; this surveillance should continue for 30 minutes after the work has been completed.

  3. Any combustible material should be removed to a prudent distance. When this is not possible, a screen of a non-combustible material should be placed between the work area and that of the combustible materials.

  4. The supervising personnel should verify that the previous requirements and conditions have been fulfilled before signing the corresponding permit to authorize any cutting and welding work.

  5. A copy of the permit should be placed in the work area.




  1. Todos los líquidos inflamables dentro de los edificios deberán manejarse y almacenarse en latas de seguridad y gabinetes de seguridad listados por UL (Underwriter Laboratories), con cantidades limitadas a lo necesario para un día de trabajo.



SIXTEENTH.- The Owners or the Users should oversee the fulfillment of the following security measures:

  1. All inflammable liquids within the buildings should be handled and stored in security containers and security lockers approved by the UL (Underwriter Laboratories), with amounts limited to what is necessary for one day’s work.

  2. All the cylinders with LPG gas (Liquefied Petroleum Gas) or with pressurized gases that are not in use should be stored outside the buildings with their protective valves placed in them. The cylinders in use should be secured to a distance of two-thirds of their height to avoid being knocked down.

  3. The wood platforms that are not in use should be stored outside the buildings. If it is required to have them inside, the height of the rack of the platforms should not exceed 1.8 meters (6ft.) t.

  4. The electric sub-station, distribution panel chambers, charging rooms, and battery chargers should be free of combustible materials.

  5. In the storage areas, the lamps should be placed over the corridors. At the same time, the corridors should be free of temporary storage.

  6. The electric installation should be properly channeled in a conduit pipe and where this is not possible, a heavy duty wiring should be used. Every provisional electric installation should be corrected immediately.

  7. The fire alarm systems should be functional at all times.



SEVENTEENTH.- The Owners or Users that carry out any of the concepts being referred to in the previous TWELVETH Clause, should oversee and comply with the following during the period of execution of their project:

  1. The parking of the vehicles should be within the property where the construction is taking place. In the event that this is not possible, FINSA could designate a parking area for the requirements of the construction, and in that case, the expenses related to the leasing of the property and the improvements that may be needed should be paid by the Owners or Users accordingly.

  2. The land where the construction is going to take place should be surrounded by a fence, and it should have security personnel present.

  3. All waste, rubble, spare materials, and garbage should be disposed of properly and in compliance with the applicable Environmental Laws. The storage of the previously mentioned materials at the construction for period longer than 48 hours is not permitted.

  4. The storage of garbage should have a top cover with the purpose of avoiding its content to be scattered by the wind, and any light material should be secured.

  5. The construction should be maintained clean and in an orderly manner; any observation made by the supervisors of FINSA should be attended to in 24 hours after the written notification is given.

  6. The storage of materials is prohibited on the public highways.

  7. The construction personnel should have an identification tag that credits him as worker of the project in question.

  8. The streets used by the equipment and personnel should be cleaned with a frequency of no less than daily with the purpose of maintaining them clean of any construction wastes. On the assumption that this is not being done, FINSA can carry out such cleaning and then charging it to the Owner or User.

  9. Any harm to the infrastructure of the Park attributable to the User or Owner, whether it be through its representatives, employees and/or subcontractors shall be repaired by FINSA at the expense of the Owner or User.

  10. The planned construction advertisement that is to be installed should be authorized by FINSA.

  11. During the period in which the construction takes place, said party should take out a liability insurance policy and project insurance that is ample enough to cover any contingency that could take place because of the execution.

  12. It is strictly prohibited to make modifications to the connections of the services without the authorization of FINSA.

  13. It is strictly prohibited to have open fires.

  14. IT is strictly prohibited to carry out the maintenance or repairs of machinery and/or equipment.

  15. The mandatory INTERNAL REGULATIONS OF OPERATION AND ADMINISTRATION and the PROTECTIVE RESTRICTIONS AND LIMITATIONS should be made known to the representatives, employees, and/or subcontractors.

For the purposes of guaranteeing the fulfillment of the previously mentioned in the present Clause, the Owner or the User should take out a bond to ensure compliance where FINSA would be the beneficiary for an amount that should be the result of multiplying the amount of $3.00 Dollars per square meter of construction.


EIGHTEENTH.- In the event that any of the persons named in the second paragraph of these Protective Restrictions and Limitations carries out any of the construction work that the paragraph of the previous twelfth clause names, without the previous authorizations mentioned in the previous Clauses Twelfth, Thirteenth, and Fourteenth, FINSA shall have the right to charge said people a conventional penalty of 10% of the construction work to be made value without limitations to any other legal actions to which it is entitled to according to the law.

NINETEENTH.- The application and interpretation of these Protective Restrictions and Limitations shall be subjected to the laws of the State of Nuevo Leon, Mexico and to any additional different federal laws and regulations in what refers to scientific aspects of industrial operations, comprehendingly stating but not limited to the laws and regulations about industrial security and hygiene, environmental pollution, general means of communication, and other similar aspects. Concerning the construction, it is specifically understood that these Protective Restrictions and Limitations could overpass the requirements of the construction code, for any controversy about the contents, interpretation and/or application of these Protective Restrictions and Limitations, and the competency of the courts of the City of Monterrey, Nuevo Leon, Mexico is established
TWENTIETH.- FINSA expressly reserves the right to modify these Protective Restrictions and Limitations at any moment concerning the property that they have in proprietorship to that date, only when such modification does not result in any harm or detriment to the previously established industries in the Industrial Park. If such changes or modifications could in any way affect the functioning of the users previously established, they shall only be implanted if said user expresses in writing their consent to such changes.
For all the events in which by agreement of these Protective Restrictions and Limitations, FINSA reserves the right to approve and/or accept it if it is specifically understood that such authorizations and/or acceptances shall only have validity if they are granted in writing by people who have received the specific proxy from FINSA to grant them and only when such proxies have been properly notarized and registered. These authorizations, approvals and/or acceptance shall not be denied with out a well-founded reason.
TWENTY-FIRST.- These Protective Restrictions and Limitations shall remain in force indefinitely and can only be cancelled or modified by FINSA or by a group of individuals or companies that are the joint owners of at least seventy-five percent of the constructed land in the Industrial Park to that date.

TWENTY-SECOND.- In the event of a discrepancy between what is established in this document and the regulations of operations of the Park, the last shall prevail.



Maintenance Program of the Industrial Warehouses


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