HomeMy WebLinkAboutTropical Sno S-2023-00098CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA SIGN PERMIT APPLICATION
1. SIGN PERMIT NUMBER: S-2023-00098
SIGN COPY: Tropical Sno SIGN ADDRESS: 452 E CARMEL DR, CARMEL, 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 & Orange
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-2023-00380
3. APPLICANT PERMIT NUMBER: S-2023-00098
NAME OF BUSINESS*: Tropical Sno
CITY: Carmel
CONTACT EMAIL: info@hoosiertropicalsno.com
PHONE: 317-771-4122
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: info@hoosiertropicalsno.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: info@hoosiertropicalsno.com PHONE: 317-771-4122
PERMIT NUMBER: S-2023-00098
Page 1 of 3
CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA SIGN PERMIT APPLICATION
5.FEES (COMPLETED BY DOCS STAFF)PERMIT NUMBER: S-2023-00098
ADMINISTRATIVE ADLS AMENDMENT
SIGN PERMIT APPLICATION $
SIGN ERECTION $61.32
INSPECTION FEE (Required if photography not provided)
TOTAL FEE $61.32
PERMIT ISSUED ON: 4/7/2023 9:48:09AM 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
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DocuSign Envelope ID: A5F99B28-3930-45C5-AF97-2595D2EF8B9F
PARKING AND STORAGE LICENSE AGREEMENT
THIS PARKING LICENSE AGREEMENT (the "Agreement"), is made and entered into on
the 23 day oft arch2023 ("Effective Date"), between Purvis Family Enterprises, LLC (herein
referred to as "Licensee") and Buckingham Fountains, LLC ("Owner").
NOW, THEREFORE, the parties agree as follows:
1. Description.
The Owner hereby grants a temporary License (the "License") to Licensee, to use for the parking
of a food vendor truck and/or temporary structure, 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 (the "Premises"). Subject to the terms and conditions set forth below, Owner hereby
grants Licensee, and Licensee hereby accepts from Owner, the License to use the Parking
Spaces for the parking of a food vendor truck and/or temporary structure that serves shaved ice
(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 term of this Agreement shall be five (5) months and seven (7) days commencing April 23,
2023 and continuing through September 30, 2023 (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
DocuSign Envelope ID: A5F99B28-3930-45C5-AF97-2595D2EF8B9F
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 $273 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
$2857.40 at the time of execution of this Agreement.
4. Not used.
5. Payments.
Intentionally deleted.
6. Use of Parking Spaces/No Assignment.
Notwithstanding anything 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 food truck/temporary structure identified pursuant to this Agreement: (i) is found
utilizing the Parking Spaces or (ii) is found to have gained access 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.
DocuSign Envelope ID: A5F99B28-3930-45C5-AF97-2595D2EF8B9F
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
DocuSign Envelope ID: A5F99B28-3930-45C5-AF97-2595D2EF8B9F
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: Mark Purvis
1300 Clay Spring Drive
Carmel, IN 46032
[Signature page follows.]
DocuSign Envelope ID: A5F99B28-3930-45C5-AF97-2595D2EF8B9F
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: 4'q�1;
Printed: Chad Haneline
Its: Director of Commercial Real Estate
LICENSEE
PURVIS FAMI r4;
.RPRISES, LLC, an Indiana limited liability company
By:
�' 61
Printed: Mark Purvis
Its: President
DocuSign Envelope ID: A5F99B28-3930-45C5-AF97-2595D2EF8B9F
Exhibit A
Parking Lot Depiction
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RUAIL EXHIBIT CARMEL MARKETPLACE I
SCALE: NITS CARMEL DRIVE BLFCKIN(] HAM
CARMEL. IN
Receipt#:10912
Carmel City Hall:317-571-2400 Date:4/24/2023
One Civic Square
www.carmel.in.gov
Payment Receipt Paid ByHoosier Tropical Sno
Invoice #Case Type Case Number Sub Type
-SIGN S-2023-00098 COM
Tender Type/Description Amount
CHECK-Check 61.32
-
-
Sub Total:61.32
Fees:
Fees Code /Description Amount
SIGNINIMP-Sign Installation Improvement 61.32
-
-
-
-
-
-
-
Sub Total:61.32
Total Amount Due:61.32
Total Payment:61.32
Received By:jshestak Code:DEFAULT_Recpt10912_24_4_2023_jshestak Page:1 of 1