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HomeMy WebLinkAboutJays Fireworks (S_N) S-2023-00142_S-2023-00143CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA SIGN PERMIT APPLICATION 1. SIGN PERMIT NUMBER: S-2023-00142 SIGN COPY: Fireworks SIGN ADDRESS: 14560 RIVER RD, CARMEL, 46033 SIGN TYPE: Banner SIGN DURATION: Temporary (*See #7 Disclaimers, pg. 3) SIGN AREA DIMENSIONS: 3x10 TOTAL SIGN AREA SQ. FT.: 30.00 WALL MOUNTED SIGNS: SPANDREL PANEL DIMENSIONS: n/a SIGN DIMENSION AS A % OF SPANDREL PANEL: n/a HEIGHT OF SIGN FROM GROUND: 20ft NUMBER OF SIDES: 1.00 (wall sign: measure to bottom of sign; groundsign: measure to top of sign) BUILDING / TENANT SPACE FRONTAGE: n/a SIGN DISTANCE FROM NEAREST R.O.W.: n/a (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): yellow/red ILLUMINATION METHOD: None BUILDING TYPE: Commercial IDENTIFY ANY EXISTING SIGNS ON SITE: n/a WHAT WAS THE NAME OF THE PREVIOUS TENANT (IF APPLICABLE)? Jays Fireworks SHOPPING CENTER OR COMPLEX NAME: River Road Shops at Legacy SIGN STATUS: New TOTAL SIGN AREA PERMISSABLE SQ. FT.: 32.00 OTHER ILLUMINATION METHOD: OTHER BUILDING TYPE: n/a 2. ZONING PARCEL ID: 17-10-23-00-00-001.113 ZONING DISTRICT: PUD PLANNED UNIT DEVELOPMENT OVERLAY ZONE: LEGACY PRIOR APPROVALS: P.C. Docket # n/a B.Z.A. Docket # n/a Building Permit# n/a 3. APPLICANT PERMIT NUMBER: S-2023-00142 NAME OF BUSINESS*: Fireworks CITY: New Palestine CONTACT EMAIL: jjacksonusa1@gmail.com PHONE: 3174903268 ADDRESS: 4373 W Parkway Ct CONTACT PERSON: Jason Jackson (*Entity identified on the sign) STATE: IN ZIP: 46163 PROPERTY OWNER: KLC Realty LLC PHONE: CONTACT PERSON: Jason Jackson CONTACT EMAIL: jjacksonusa1@gmail.com ADDRESS: 4373 W Parkway Ct ZIP: 46163STATE: INCITY: New Palestine 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: Jason Jackson CONTACT PERSON: Jason Jackson ADDRESS: 4373 W Parkway Ct ZIP: 46163STATE: INCITY: New Palestine EMAIL ADDRESS: jjacksonusa1@gmail.com PHONE: 3174903268 PERMIT NUMBER: S-2023-00142 Page 1 of 3 CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA SIGN PERMIT APPLICATION 5.FEES (COMPLETED BY DOCS STAFF)PERMIT NUMBER: S-2023-00142 ADMINISTRATIVE ADLS AMENDMENT SIGN PERMIT APPLICATION $116.00 SIGN ERECTION $112.90 INSPECTION FEE (Required if photography not provided) TOTAL FEE $228.90 PERMIT ISSUED ON: 6/5/2023 9:24:18AM 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 CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA SIGN PERMIT APPLICATION 1. SIGN PERMIT NUMBER: S-2023-00143 SIGN COPY: Fireworks SIGN ADDRESS: 14560 RIVER RD, CARMEL, 46033 SIGN TYPE: Wall SIGN DURATION: Temporary (*See #7 Disclaimers, pg. 3) SIGN AREA DIMENSIONS: 3' x 10'TOTAL SIGN AREA SQ. FT.: 30.00 WALL MOUNTED SIGNS: SPANDREL PANEL DIMENSIONS: SIGN DIMENSION AS A % OF SPANDREL PANEL: HEIGHT OF SIGN FROM GROUND: 20 NUMBER OF SIDES: 1.00 (wall sign: measure to bottom of sign; groundsign: measure to top of sign) BUILDING / TENANT SPACE FRONTAGE: n/a SIGN DISTANCE FROM NEAREST R.O.W.: n/a (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): yellow & red 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: River Road Shops at Legacy SIGN STATUS: New TOTAL SIGN AREA PERMISSABLE SQ. FT.: 30.00 OTHER ILLUMINATION METHOD: OTHER BUILDING TYPE: n/a 2. ZONING PARCEL ID: 17-10-23-00-00-001.113 ZONING DISTRICT: PUD PLANNED UNIT DEVELOPMENT OVERLAY ZONE: LEGACY PRIOR APPROVALS: P.C. Docket # n/a B.Z.A. Docket # n/a Building Permit# n/a 3. APPLICANT PERMIT NUMBER: S-2023-00143 NAME OF BUSINESS*: Fireworks CITY: New Palestine CONTACT EMAIL: jjacksonusa1@gmail.com PHONE: 3174903268 ADDRESS: 4373 W Parkway Ct CONTACT PERSON: Jason Jackson (*Entity identified on the sign) STATE: IN ZIP: 46163 PROPERTY OWNER: KLC Realty LLC PHONE: CONTACT PERSON: Jason Jackson CONTACT EMAIL: jjacksonusa1@gmail.com ADDRESS: 4373 W Parkway Ct ZIP: 46163STATE: INCITY: New Palestine 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: Jason Jackson CONTACT PERSON: Jason Jackson ADDRESS: 4373 W Parkway Ct ZIP: 46163STATE: INCITY: New Palestine EMAIL ADDRESS: jjacksonusa1@gmail.com PHONE: 3174903268 PERMIT NUMBER: S-2023-00143 Page 1 of 3 CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA SIGN PERMIT APPLICATION 5.FEES (COMPLETED BY DOCS STAFF)PERMIT NUMBER: S-2023-00143 ADMINISTRATIVE ADLS AMENDMENT SIGN PERMIT APPLICATION $116.00 SIGN ERECTION $112.90 INSPECTION FEE (Required if photography not provided) TOTAL FEE $228.90 PERMIT ISSUED ON: 6/5/2023 9:24:00AM 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 -� 145 r.��.�.` E146th St - —E 146th St ' mr . 1 L de I � // �011 II � I bl IIII11%a S AlltllY J !f N32 Hlb3ehl `'� ylier Rd ShoppeS mporarils closed 0 =9 a 4 Z "� CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ryder Rosacker McCue &Huston (MGD by Hull &Company) 509 W Koenig St Grand Island NE 68801 Kristy Wolfe 308-382-2330 308-382-7109 Kwolfe@ryderinsurance.com SCOTTSDALE INS CO 41297 LIT Fireworks LLC 653 Florence Dr Greenfield IN 46140 2089012223 A X 1,000,000 250,000 X 1,000,000 2,000,000 2,000,000 CPS4020649 8/25/2022 8/25/2023 X 5,000 4/26/2023 Non-Owned Stand Coverage provided per attached form GLS-326s.Blanket Additional Insured applies to the entities listed below per attached form GLS-150s when required by written agreement. For premise liability –this certificate reflects coverage for the dates and location noted below.For product liability –this certificate reflects coverage for products purchased from the above Named Insured only. KLC Realty LLC &Jay's Fireworks 14650 River Road,Suite 150,Carmel,IN 46033 KLC Realty LLC 14650 River Road,Suite 150 Carmel IN 46033 United States ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME)NAMED INSURED AGENT NO. Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-326s (8-11)Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OPERATORS OF NON-OWNED FIREWORK STANDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II—Who Is An Insured is amended to include as an additional insured any person or organization that holds a certificate of insurance for the “non-owned fire- work stands” through an agreement with you, but only with respect to “bodily injury,” “property damage” or “per- sonal and advertising injury,” subject to the following addi- tional exclusions: 1.The insurance afforded the additional insured does not apply to: a.Any express warranty unauthorized by you; b.Any physical or chemical change in the prod- uct made intentionally by the additional in- sured, including the ignition of “fireworks”; c.Repackaging, except when unpacked solely for the purpose of sale or inspection; d.“Bodily injury” or “property damage” arising out of “fireworks” that are not purchased from the Named Insured; e.Any failure to make such inspections, adjust- ments or servicing as the additional insured has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; or e.Demonstration or product testing operations. 2.This insurance does not apply to any insured per- son or organization, from which you have ac- quired such products, or any ingredient, part or container, entering into, accompanying or contain- ing such products. 3.Coverage provided is limited to those certificate holders who obtain a certificate of insurance prior to an “occurrence” and whose certificate of insur- ance is on file with us. 4.Coverage provided by this endorsement is limited to the certificate holder of the “non-owned fire- work stands” and to the time period specified in the certificate of insurance. For purposes of this endorsement, the following defini- tions apply: “Non-owned firework stands” means any premises, site or location which is owned, or occupied by, or rented or loaned to a certificate of insurance holder, including any temporary structures, used for the retail sale of the Named Insured’s “fireworks.” “Fireworks” means an explosive or burning device or pyro- technic material, product or device. AUTHORIZED REPRESENTATIVE DATE INDIANA HOMELAND SECURITY Fireworks Retail Jays Fireworks 14560 RIVER ROAD CARMEL, INDIANA 46033 FR109618 STATE/PERMIT # 05/17/2023 ISSUE 12/31/2023 EXPIRATION B(4)-New RETAIL TYPE THIS PERMIT VALID FOR FIREWORKS AS DEFINED IN IC 22-11-14-1. Agreement This lease is made this dayof � 2023 between KLC > Really, , LLC hereinafter referred to as "Lessor") and Jay's Fireworks LLC. (hereinafter referred to as "Tenant") and enter into this lease, pursuant to the following terms and conditions: Leased Premises. The Lessor agrees to lease and the Tenant agrees to lease the premises located at the following address: Center Name: Address: 14650 River Road, Suite 150 City: Carmel St: IN Zip: 46033 1. Terms of Lease. The above -described premises are leased for a term, commencing the 1t day of June , 2023, and terminating the 7th day of Jul , 2023. 2. Rent. The rent of the premises shall be $ 5,000.00 per lease term, paid in full at lease signing. 3. Use of Premises. The Tenant shall use the leased premises for commercial purposes of selling Fireworks only. 4. Si na e. Lessee shall be permitted to install a coming soon sign in the window on the date this agreement is signed. The banner type signage on the building will meet all local and state codes and will be installed on or around the date of possession. Sign will be installed using 2" to 4" dry wall screws penetrating the efis. Once banner is removed water proof silicon will be inserted into the screw hole to prevent water penetration. Any further repairs to the efts will be responsibility of the landlord. 5. Storage. Lessee shall have permission to place a storage container on site usually 8' by 40' in length the size of 4 parking spaces on site for additional storage of Lessee will provide Lessor a site plan of the location of the container for permission prior to placement. 6. Prohibited Sales. If the state or local municipality bans the use or sale of consumer fireworks for any reason, any time prior to July 1 st this lease shall be void and all rents shall be returned to Tenant within 4 days of written notice from Tenant. This includes but is not limited to Burn Bans, Zoning Changes, Local or state law changes. If Tenant has to execute a prohibited sales and or burn ban clause they will send notification to the landlord via email to the landlords email address in the bottom of the lease. 7. Non -Compete. The Landlord agrees not to lease to any other Fireworks company any portion of the parcel for which this lease is executed for. 8. Utilities. The Tenant shall pay the following Utilities: Electric/Gas, Phone Service. Tenant shall reimburse Lessor immediately upon receiving the utility statements from the Lessor. 9. Tenant's Oblitiations. The Tenant shall: a. Keep the leased premises in a clean and sanitary condition. b. Properly dispose of rubbish, garbage and waste in a clean and sanitary manner. c. At Lease termination, return leased premises to condition in which it was received. 10. Costs and Attorney Fees. If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this agreement, a legal action is instituted, the losing party agrees to pay all reasonable attorney fees in connection therewith. It is agreed that the venue will be in Marion County, IN. 11. Reserved Rights Lessor reserves the following rights: To enter the leased premises during all hours to examine and protect same, to show the premise to prospective buyers or renters, or to make such repairs, additions or alterations, and for any other purpose whatsoever related to the safety, protection, preservation or improvements of the premises of the building. 12. Insurance. The Tenant agrees to furnish liability insurance in the amount of $1,000,000.00 to cover Lessor Premises, and Tenant. Certificate of Insurance to be delivered to Lessor prior to Lessee taking possession of Premises. 13. Permits The Tenant agrees to hold the lessor harmless of any and all zoning violation actions taken against the lesser. The Tenant agrees to pay for all attorney fees acquired from any such legal action. If the Tenant violates any zoning ordinances he will be found in default of this lease agreement and this lease may be terminated immediately by the lessor. Tenant agrees to acquire any and all permits required by statue to operate a Fireworks retail location, these permits must be sent to the lessor prior to any signage being installed on the leased premises. 14. Kick -Out Clause. The Lessor also reserves the right to void this lease agreement if the Lessor obtains a long-term lease agreement for the leased location before the 1 A day of May, 2023. The Lessor agrees to notify Jay's Fireworks LLC. immediately upon the signing of a long-term lease. Any funds prepaid will be applied to the remainder of the rent due for the remaining locations or returned to the Tennant within 4 days of written notice. 15. Miscellaneous. a. The parties agree that all negotiations are merged into this document and that there are no additional terms or conditions not entered in this Agreement, or any and all modifications to this agreement shall be in writing and executed by all parties. b. The parties agree that the tenant has the right to place temporary signage on the parcel as long as it conforms to city or state code. Landlord: please fill in exactly how you want the insurance rider written: Signatures on Next Page Landlord Info: Company Name: KI,C Realty LLC Mailing Address: 3 825 S. East Street Indianapolis, IN 46227 Contact: Email Address: 5�. Dated this day of a/Lk , 2023. Lessor: Q-.", L-"..- Phone Number: 5 � � ' � F-1 (Please Print) Lessor: --.�--. -��:.:.,..��.._ � ..... ,....._.�.__ �..,...a .......� (Signature) Jay' s Fireworks LL C . 3303 US Hwy 40 W Suite 17 Greenfield, IN 46140 (317) 490-3268 Tenant: Jason Jackson , Officer of Jay's Fireworks LLC. Signature Receipt#:11523 Carmel City Hall:317-571-2400 Date:6/5/2023 One Civic Square www.carmel.in.gov Payment Receipt Paid ByJason Jackson Invoice #Case Type Case Number Sub Type -SIGN S-2023-00142 COM Tender Type/Description Amount CREDIT-Credit Card 228.90 - - Sub Total:228.90 Fees: Fees Code /Description Amount SIGNINIMP-Sign Installation Improvement 112.90 SIGNPERMIT-Sign Permit 116.00 - - - - - - Sub Total:228.90 Total Amount Due:228.90 Total Payment:228.90 Received By:ashalit Code:DEFAULT_Recpt11523_5_6_2023_ashalit Page:1 of 1 Receipt#:11524 Carmel City Hall:317-571-2400 Date:6/5/2023 One Civic Square www.carmel.in.gov Payment Receipt Paid ByJason Jackson Invoice #Case Type Case Number Sub Type -SIGN S-2023-00143 COM Tender Type/Description Amount CREDIT-Credit Card 228.90 - - Sub Total:228.90 Fees: Fees Code /Description Amount SIGNINIMP-Sign Installation Improvement 112.90 SIGNPERMIT-Sign Permit 116.00 - - - - - - Sub Total:228.90 Total Amount Due:228.90 Total Payment:228.90 Received By:ashalit Code:DEFAULT_Recpt11524_5_6_2023_ashalit Page:1 of 1