HomeMy WebLinkAboutTropical Sno Temp S-2022-00139CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA SIGN PERMIT APPLICATION
1. SIGN PERMIT NUMBER: S-2022-00139
SIGN COPY: Tropical Sno SIGN ADDRESS: 452 E CARMEL DR, CAR, IN, 46032
SIGN TYPE: Wall
SIGN DURATION: Temporary (*See #7 Disclaimers, pg. 3)
SIGN AREA DIMENSIONS: 22''x45"TOTAL SIGN AREA SQ. FT.: 6.87
WALL MOUNTED SIGNS: SPANDREL PANEL DIMENSIONS: n/a
SIGN DIMENSION AS A % OF SPANDREL PANEL: n/a
HEIGHT OF SIGN FROM GROUND: 4'NUMBER OF SIDES: 1.00
(wall sign: measure to bottom of sign; groundsign: measure to top of sign)
BUILDING / TENANT SPACE FRONTAGE: 7'SIGN DISTANCE FROM NEAREST R.O.W.: 5'
(R.O.W. stands for Right of Way. The inside edge of sidewalk is often the end of the R.O.W. (City’s property) and a good spot
to measure from.)
LAND ACREAGE: n/a (Applies only to Temporary signs)SIGN FACE COLOR(S): Blue, White, and Orang
ILLUMINATION METHOD: None
BUILDING TYPE: Commercial
IDENTIFY ANY EXISTING SIGNS ON SITE: n/a
WHAT WAS THE NAME OF THE PREVIOUS TENANT (IF APPLICABLE)? n/a
SHOPPING CENTER OR COMPLEX NAME: Carmel Marketplace
SIGN STATUS: New
TOTAL SIGN AREA PERMISSABLE SQ. FT.: 32.00
OTHER ILLUMINATION METHOD:
OTHER BUILDING TYPE: n/a
2. ZONING
PARCEL ID: 16-10-31-00-00-023.000
ZONING DISTRICT: B-8 VARIETY OF COMMERCIAL AND OFFICE USES TO BE DEVELOPED IN SHOPPING
CENTER TYPE ENVIRONMENT, MAY INCLUDE ONE OR MORE UNIFIED SHOPPING CENTERS AND/OR ONE OR
MORE COMMERCIAL AND OFFICE BLDGS
PRIOR APPROVALS: P.C. Docket # n/a B.Z.A. Docket # n/a Building Permit# B-2022-00576
3. APPLICANT PERMIT NUMBER: S-2022-00139
NAME OF BUSINESS*: Tropical Sno
CITY: Carmel
CONTACT EMAIL: misterpurvis@gmail.com
PHONE: 317-695-1631
ADDRESS: 1300 Clay Spring Dr
CONTACT PERSON: Mark Purvis
(*Entity identified on the sign)
STATE: IN ZIP: 46032
PROPERTY OWNER: Buckingham Companies - Chad Haneline PHONE:
CONTACT PERSON: Mark Purvis CONTACT EMAIL: misterpurvis@gmail.com
ADDRESS: 1300 Clay Spring Dr ZIP: 46032STATE: INCITY: Carmel
I CERTIFY THAT A PICTURE OF THIS SIGN WILL BE SUBMITTED TO THE DEPARTMENT
OFCOMMUNITYSERVICES WITHIN ONE (1) WEEK AFTER ERECTION OF THE SIGN.
-OR-
I WOULD PREFER AN INSPECTION FEE BE ADDED TO THE COST OF THIS PERMIT TO COVER THE COST OF
THE STAFF OF THE DEPARTMENT OF COMMUNITY SERVICES TAKING THIS PICTURE.
Y
N
4. SIGN COMPANY/OWNER'S REP
COMPANY NAME: Mark Purvis CONTACT PERSON: Mark Purvis
ADDRESS: 1300 Clay Spring Dr ZIP: 46032STATE: INCITY: Carmel
EMAIL ADDRESS: misterpurvis@gmail.com PHONE: 317-695-1631
PERMIT NUMBER: S-2022-00139
Page 1 of 3
CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA SIGN PERMIT APPLICATION
5.FEES (COMPLETED BY DOCS STAFF)PERMIT NUMBER: S-2022-00139
ADMINISTRATIVE ADLS AMENDMENT
SIGN PERMIT APPLICATION $112.00
SIGN ERECTION $59.27
INSPECTION FEE (Required if photography not provided)
TOTAL FEE $171.27
PERMIT ISSUED ON: 4/27/2022 11:39:52AM FEE RECEIVED ON:
6. DEPARTMENT CONDITIONS (COMPLETED BY DOCS STAFF)
THE FOLLOWING ITEMS LISTED BELOW ARE CONCERNS BY STAFF OR PRIOR COMMITMENTS THAT MUST BE
ADHERED TO AS A CONDITION OF THE ISSUANCE OF THIS PERMIT (PLEASE INITIAL EACH ITEM INDIVIDUALLY ):
1) x ________
2) x ________
7.DISCLAIMERS (COMPLETED BY DOCS STAFF)
APPLICANT, PLEASE NOTE THE FOLLOWING:
PERMANENT SIGNS:
•IF THE SIGN IN THIS APPLICATION IS A PERMANENT SIGN, THIS SIGN PERMIT IS APPROVED
FOR THIS SIGN ATTHIS LOCATION ONLY.
•IF THE APPLICANT RELOCATES AT A FUTURE DATE/TIME TO A NEW BUILDING, A NEW SIGN
PERMIT IS REQUIRED FOR THE NEW LOCATION. ALL FEES APPLY.
TEMPORARY SIGNS:
•IF THE SIGN IN THIS APPLICATION IS A TEMPORARY SIGN , THIS SIGN PERMIT EXPIRES ON:
THIS SIGN PERMIT MAY BE RENEWED ANNUALLY FOR AN ADDITIONAL YEAR WITH A PERMIT BY
RE-APPLYING. ALL FEES APPLY.
•IF THE SIGN IN THIS APPLICATION IS FOR AN INTERIM BANNER PENDING A PERMANENT
SIGN, IT IS APPROVED FOR A THREE MONTH TIME PERIOD FROM THE DATE THE PERMIT IS APPROVED .
A SIGN PERMIT IS REQUIRED. IT MAY BE RENEWED FOR AN ADDITION THREE MONTHS WITH A PERMIT
BY RE-APPLYING. ALL FEES APPLY
THE APPLICANT CERTIFIES THAT THE FOREGOING SIGNATURES , STATEMENTS AND ANSWERS HEREIN
CONTAINED AND THE INFORMATION HEREWITH SUBMITTED ARE IN ALL RESPECTS TRUE AND CORRECT , AND
THIS SIGN WILL BE ERECTED AND MAINTAINED IN ACCORDANCE WITH ALL APPLICABLE LAWS OF THE STATE
OF INDIANA, AND THE ZONING ORDINANCE OF CARMEL /CLAY TOWNSHIP, INDIANA AND ALL ACTS
AMENDATORY THERETO, AND SHALL BE ERECTED WITHIN SIX (6) MONTHS OF THE DATE OF ISSUANCE OR THIS
PERMIT IS NULL AND VOID.
FURTHER, THE APPLICANT CERTIFIES BY SIGNING THIS APPLICATION THAT ALL REPRESENTATIVES OF THE
8.CITY CONTACT
PLEASE DIRECT ANY SIGN QUESTIONS TO THE DEPARTMENT OF COMMUNITY SERVICES (DOCS):
CITY OF CARMEL Or call at 317-571-2417
DOCS
1 CIVIC SQUARE
CARMEL, IN 46032
Page 2 of 3
PARKING AND STORAGE LICENSE AGREEMENT
THIS PARKING LICENSE AGREEMENT (the "Agreement"), is made and entered into on
the 1_day of 1 2022, between Purvis Family Enterprises, LLC (herein referred to as
"Licensee") and Buckingham Fountains, LLC ("Owner").
NOW, THEREFORE, the parties agree as follows:
Description.
The Owner hereby grants the Licensee (the "License") and the Licensee: (i) to use for parking of
food vendor truck and/or temporary structure in the two (2) exclusive parking spaces ("Parking
Spaces") in the parking lot located at 452 E Carmel Drive, Carmel, Indiana 46032 and depicted
on Exhibit A and (ii) to use Suite 452 located within the Premises, depicted on Exhibit B, for
storage practices ("Storage Unit") (the Storage Unit and the Parking Spaces are herein the
"Premises"). The Parking Spaces and the Storage Unit herein referred to collectively as the
"Premises." Subject to the terms and conditions set forth below, Owner hereby grants Licensee,
and Licensee hereby accepts from Owner, a temporary license to use the Parking Spaces for
the parking of a food vendor truck and/or temporary structure that serves shaved ice and the
Storage Space for storage of equipment and not for an operating business open to the public
(collectively, the "Permitted Use"). Licensee accepts the Premises "AS IS" and acknowledges
that the Premises are suited for the use intended by Licensee and are in good and satisfactory
condition. Licensee acknowledges that neither Owner nor Owner's agents (including Manager,
defined below) has made any representation or warranty as to the condition of the Premises or
its suitability for Licensee's purposes. Licensee represents and warrants to Owner that (a) its
sole intended use of the Premises are for the Permitted Use, which has no special requirements
and (b) it does not intend to use the Premises for any other purpose. The Licensee
acknowledges that the Owner does not intend to make any improvements to the Premises prior
to or during the Term. Licensee shall make no alteration to the Premises without the prior
consent of Owner. Licensee shall at the time of execution of this Agreement, notify the Owner
of the license plate number, year, make and model of the Licensee's vehicle and/or a depiction
and description of the temporary structure that will use the Parking Spaces. Licensee hereby
agrees and acknowledges that a photograph of the vehicle may be taken for record purposes.
Notwithstanding anything herein to the contrary, Licensee acknowledges that Owner utilizes the
services of Buckingham Management, LLC (together with any subsequent manager of the
Parking Lot being hereinafter referred to as "Manager") to manage the Parking Lot and that all
of Owner's rights hereunder may inure to the benefit of the Manger and any agents, employees
or representatives that may be engaged by either Owner or Manager. Licensee shall at all
times be responsible to comply with all with all applicable federal, state, or local laws,
ordinances, rules and regulations and Owner reserves the right to immediately terminate this
Agreement in event it receives notice of a violation or if it has reason to believe a violation has
occurred.
2. Term.
The of this Agreement shall be five (5) months and seven (7) days commencing on April 23,
2022 (April 23, 2022 — September 30, 2022) (the "Term"). Owner may elect to terminate this
Agreement at any time upon thirty (30) days written notice to Licensee, at Owner's sole
discretion without incurring any liability to Licensee, except as set forth herein. If Licensee
should fail to perform any covenant or obligation arising hereunder, Owner may, at Owner's
sole discretion and upon prior written notice to Licensee, immediately terminate all of
Licensee's rights and privileges granted herein, and thereafter, this License shall be of no
further force or effect. If Owner exercises any of its rights to recover possession of the
Premises, Licensee shall surrender possession and vacate the Premises immediately and
deliver possession thereof to Owner, and Owner may then or at any time thereafter reenter
and take complete and peaceful possession of the Premises, with or without process of law,
full and complete rights to do so being hereby granted to Owner by Licensee, and Owner
may remove all occupants and property therefrom, using such force as may be necessary,
without being deemed in any manner guilty of trespass, eviction or forcible entry and
detainer and without relinquishing Owner's right to the Fee or any other right given to Owner
hereunder or by operation of law. During any holdover by the Licensee of the Premises, the
Fee provided hereunder shall triple and shall be payable daily. Licensee shall pay all of the
costs, charges, and expenses, including court costs and reasonable attorneys' fees,
incurred by Owner in enforcing its rights under this Agreement or incurred by Owner in any
litigation, negotiation or transactions relating to, or arising out of, this Agreement in which
Licensee, without fault, becomes involved or concerned. Notwithstanding anything in this
Agreement to the contrary, Owner or Manager reserves the right to close the Parking Lot or
any other resident parking areas for repairs, special event, or other necessary purposes.
However, Owner shall endeavor to notify Licensee in advance of any scheduled closure
within forty-eight (48) hours unless in case of emergencies when notification is not possible
as deemed by the Manager.
3. Rate/Fee for Premises.
The following is only applicable if Licensee is offered and accepts parking by the Owner. The
rate paid by Licensee shall be $265 per month (the "Fee"), per space for parking in the Parking
Spaces, commencing on the effective date of this Agreement and shall pay the total rent due of
$2,826.67 at the time of execution of this Agreement.
4. Rate/Fee for Storage Unit.
The following is only applicable if Licensee is offered and accepts parking by the Owner. The
rate paid by Licensee shall be $530 per month (the "Fee") for the Storage Unit, commencing on
the effective date of this Agreement and shall pay the total rent due of $2,826.67 at the time of
execution of this Agreement.
5. Payments.
Intentionally deleted.
6. Use of Parking Spaces/No Assignment.
Notwithstanding any herein to the contrary, the Permitted Use for the Parking Spaces shall
only mean the parking of an operable motor vehicle and/or food truck/temporary structure
and shall not include, without limit, the storage of a non -motorized vehicle property or the
parking of the following: racing vehicle, recreational vehicle, trailer, camper, boat, airplane,
bus, truck (used for commercial purposes), or similar vehicle or an inoperable motor vehicle
from which the engine, transmission or differential parts is partially dismantled or otherwise
altered or damaged causing the motor vehicle to be immediately mechanically inoperable.
Licensee shall not assign this License without the prior written consent of Owner, which
consent Owner may withhold in its sole and absolute discretion. If anything other than the
vehicle and/or temporary structure identified pursuant to this Agreement: (i) is found utilizing
Licensee's parking spot or (ii) is found to have gained access to the Parking Spaces utilizing
Licensee's access, Owner shall be permitted to remove the vehicles and/or structures and
Licensee shall be responsible for all costs and expenses associated with the removal of the
vehicles and/or structure and Owner may immediately terminate this Agreement (in addition
to any other rights and remedies).
7. Not Used.
8. Hours of Use.
Licensee shall have access and full use (subject to the terms and conditions of this
Agreement) of the Premises seven (7) days a week, twenty-four (24) hours a day subject to
events of subject to events of Force Majeure or special events (determined by Manager in its
reasonable discretion) that may impact access. For purposes of this Section 8 Force
Majeure shall mean acts of God, strikes, lockouts, labor difficulties, explosions, sabotage,
accidents, riots, civil commotions, acts of war, results of any warfare or warlike conditions in
this or any foreign country, fire and casualty, legal requirements, shortages, or inability to
obtain materials or equipment, energy shortage, or causes beyond the reasonable control of
the Owner.
9. Not Used.
10. Insurance.
Throughout the term of this Agreement, Licensee shall obtain, maintain and keep in force at
Licensee's sole cost and expense a policy of comprehensive general liability insurance,
protecting and indemnifying Owner and Licensee against any and all liabilities and claims for
injury or damage to persons or property occasioned on or about any part of the Licensor Parcel
with such policy to be in the minimum amount of $2,000,000.00 combined single limit per
occurrence, for personal injury and property damage. Licensee shall provide to Licensor a
current certificate of such insurance, showing Licensor as an additional insured, upon execution
of this Agreement.
11. Indemnity by Licensee/Risk of Loss.
The Premises are provided solely for the accommodation of the Licensee and Owner and
Manager assume no liability or responsibility whatsoever with respect to the use and operation
of Premises and Parking Lot, nor shall Owner or Manager be liable for any accident, loss,
damage, injury, fine, fee, cost, expense (including attorney fees), or claim therefore, to any
persons or property in or about the Premises and Parking Lot except those caused directly by
the gross negligence or willful or intentional misconduct of Owner, the Manager or its agents.
Licensee assumes full liability for all such accidents, losses, damages, injuries, fines, fees,
costs, expenses (including attorney fees), or claims therefore, and shall protect, defend and
hold: (i) Owner, Manager and Owner's and Manager's officers, directors, partners, trustees,
shareholders, agents, affiliates, successors, assigns, contractors, agents and employees, and
(ii) the Owner, Manager and Owner's and Manager's officers, directors, partners, trustees,
shareholders, agents, affiliates, successors, assigns, contractors, agents and employees,
harmless therefrom which arise from or in connection with the use of the Premises and Parking
Lot during the term of the License by Licensee, or by any of Licensee's agents, contractors,
licensees or invitees, or arising from any condition of the Premises or Parking Lot resulting from
any default by Licensee in observing or performing any of the covenants contained in this
License, or from any fault or neglect of Licensee or any of its officers, directors, agents,
contractors, employees, licensees or invitees. Licensee shall bear all risk of loss, damage,
theft, misappropriation or other casualty to all or any portion of Licensee's personal property
located at or about the Premises or Parking Lot.
12. Not a Lease.
It is hereby declared by and between the parties that it is not the intention of either Owner or
Licensee to create between them the relationship of landlord and tenant with respect to the
Premises. Rather, this Agreement is intended solely to create a bare privilege on the part of the
Licensee, personal to Licensee, to the Premises in the manner described herein.
13. Notices.
Notices pursuant to this Agreement shall be delivered in writing to:
To Owner:
Buckingham Fountains, LLC
941 N Meridian Street
Indianapolis, IN 46204
Attn: Chad Haneline
With copy to:
Buckingham Companies
941 North Meridian Street
Indianapolis, IN 46204
Attn: Legal
To Licensee:
Purvis Family Enterprises, LLC
Attention:
1300 Clay Spring Drive
Carmel, IN 46032
IN WITNESS WHEREOF, the parties hereto have executed this document as of the day and
year first above written.
OWNER
BUCKINGHAM FOUNTAINS, LLC, an Indiana limited liability company
By:
Printed:
Its:
LICENSEE
PURVIS FAMILY ENTERP IS S,
By:
Printed: mqw E ' �L4 avT.S
0 diana limited liability company
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CITY OF CARMEL
BUILDING PERMIT
LOT #:
PERMIT TYPE:
Temporary Use
APPROVAL STAMP:
RELEASED FOR CONSTRUCTION subject
to compliance with all regulations of
State and Local codes
DEPT. of COMMUNITY SERVICES
CITY OF CARMEL
INDIANAPERMIT #: B-2022-00576
DATE:
CONTRACTOR:
TENANT:
PROPERTY OWNER:
SITE ADDRESS:
SUBDIVISION:
ZONING:
EMERGENCY
CONTACT:
POST : MUST BE VISIBLE FROM STREET
This building Permit must be posted with this side visible from the street prior to
inspections and must stay posted until ALL inspections have been approved.
ANY FAILURE TO COMPLY WILL RESULT IN REFUSAL OF INSPECITON.
CONSTRUCTION IS NOT
APPROVED FOR OCCUPANCY
UNTIL ALL INSPECTIONS
HAVE BEEN APPROVED
NOTICE:
The Carmel Unified Development Ordinance provides
for a penalty if any construction is continued without
having any one of the following inspections *
scheduled, performed, and approved. This penalty will
be based on the fee structure in Ordinance Z-625-17,
as amended. This penalty also applied to any
construction that is found to be OCCUPIED before a
Certificate of Occupancy is issued.
This is to certify that a building permit has been issued on this new construction in
accordance with the Ordinances of the City of Carmel.
DEPT. of COMMUNITY SERVICES, BUILDING & CODE ENFORCEMENT
One Civic Square, Carmel, IN 46032 (317) 571-2444
5/5/2022
Mark Purvis
Buckingham Companies - Chad Haneline
452 E Carmel Dr
B-8 VARIETY OF COMMERCIAL AND OFFICE USES TO BE
DEVELOPED IN SHOPPING CENTER TYPE ENVIRONMENT,
MAY INCLUDE ONE OR MORE UNIFIED SHOPPING CENTERS
AND/OR ONE OR MORE COMMERCIAL AND OFFICE BLDGS
Receipt#:6597
Carmel City Hall:317-571-2400 Date:5/4/2022
One Civic Square
www.carmel.in.gov
Payment Receipt Paid ByMark Purvis
Invoice #Case Type Case Number Sub Type
-SIGN S-2022-00139 COM
Tender Type/Description Amount
CREDIT-Credit Card 171.27
-
-
Sub Total:171.27
Fees:
Fees Code /Description Amount
SIGNINIMP-Sign Installation Improvement 59.27
SIGNPERMIT-Sign Permit 112.00
-
-
-
-
-
-
Sub Total:171.27
Total Amount Due:171.27
Total Payment:171.27
Received By:ashalit Code:DEFAULT_Recpt6597_4_5_2022_ashalit Page:1 of 1