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Lit Fireworks Temp S-2023-00141
CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA SIGN PERMIT APPLICATION 1. SIGN PERMIT NUMBER: S-2023-00141 SIGN COPY: LIT FIREWORKS SIGN ADDRESS: 14250 CLAY TERRACE BLVD, CARMEL, 46032 SIGN TYPE: Wall SIGN DURATION: Temporary (*See #7 Disclaimers, pg. 3) SIGN AREA DIMENSIONS: 2'x10'TOTAL SIGN AREA SQ. FT.: 20.00 WALL MOUNTED SIGNS: SPANDREL PANEL DIMENSIONS: 2' high x 10' long 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: 40'SIGN DISTANCE FROM NEAREST R.O.W.: 50' (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: 0 (Applies only to Temporary signs)SIGN FACE COLOR(S): Red & Blue ILLUMINATION METHOD: None BUILDING TYPE: Commercial IDENTIFY ANY EXISTING SIGNS ON SITE: WHAT WAS THE NAME OF THE PREVIOUS TENANT (IF APPLICABLE)? The Wedding Store SHOPPING CENTER OR COMPLEX NAME: Clay Terrace SIGN STATUS: New TOTAL SIGN AREA PERMISSABLE SQ. FT.: 32.00 OTHER ILLUMINATION METHOD: OTHER BUILDING TYPE: n/a 2. ZONING PARCEL ID: 16-09-24-00-00-015.000 ZONING DISTRICT: PUD PLANNED UNIT DEVELOPMENT OVERLAY ZONE: CLAY TERRACE PRIOR APPROVALS: P.C. Docket # Z-662-20 B.Z.A. Docket # n/a Building Permit# n/a 3. APPLICANT PERMIT NUMBER: S-2023-00141 NAME OF BUSINESS*: Lit Fireworks CITY: Fishers CONTACT EMAIL: todd@sfpnetwork.com PHONE: 3172016424 ADDRESS: 10788 Harbor Bay Ct CONTACT PERSON: Todd Denning (*Entity identified on the sign) STATE: IN ZIP: 46040 PROPERTY OWNER: Clay Terrace Partners , LLC PHONE: CONTACT PERSON: Todd Denning CONTACT EMAIL: todd@sfpnetwork.com ADDRESS: 10788 Harbor Bay Ct ZIP: 46040STATE: INCITY: Fishers 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: Todd Denning CONTACT PERSON: Todd Denning ADDRESS: 10788 Harbor Bay Ct ZIP: 46040STATE: INCITY: Fishers EMAIL ADDRESS: todd@sfpnetwork.com PHONE: 3172016424 PERMIT NUMBER: S-2023-00141 Page 1 of 3 CITY OF CARMEL/CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA SIGN PERMIT APPLICATION 5.FEES (COMPLETED BY DOCS STAFF)PERMIT NUMBER: S-2023-00141 ADMINISTRATIVE ADLS AMENDMENT SIGN PERMIT APPLICATION $116.00 SIGN ERECTION $90.60 INSPECTION FEE (Required if photography not provided) TOTAL FEE $206.60 PERMIT ISSUED ON: 6/5/2023 3:07:02PM 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 LIT FIREWORKS 2’ 10’ 0l©112111`©©IIGImI?IGI■©Iol©I©lol©I�121o1®I•�I■I©I©I�I� x + v - ICT x O google.com/maps/place/14250+Clay+Terrace+Blvd,+Carmel,+IN+4... G G LF> it 0® M �' ( ��r M Q * 0 0 ( , l SIP C �� �� I vl � � �LM1rL•:�� � _ - v _e r @UMV O _ W 1 Type here to search m Sign F r nt io 0 r 3D 0 04 a4'F n Ca ea � 7J d1)) 530//30/ 2023 6 June 5, 2023 To: Todd Denning Direct Point Realty Re: Lit Fireworks Clay Terrace This letter is notification that the attached sign rendering for Lit Fireworks is approved by Clay Terrace Partners, LLC for use in their space during the timeframe of their lease at Clay Terrace mall. Please contact Steven Bowden, Operations Director at Clay Terrace, at sbowden@wpgus.com to get approval for installation times. Sincerely, Clay Terrace Part ers, LLC !en ifer S: Jones General Manager Clay Terrace Enc. Deal ID: WPG-072995 1 SPECIALTY LEASE AGREEMENT (Inline Premises) CLAY TERRACE 14390 CLAY TERRACE BLVD. CARMEL, INDIANA 46032 This SPECIALTY LEASE AGREEMENT (this “Lease”) made as of (the “Effective Date”), by and between the parties identified in Section 1 as Landlord and Tenant, also referred to as a “Party” and collectively, the “Parties”. In consideration of the payments of the Rent, charges and fees provided for herein and the covenants and conditions hereinafter set forth, Landlord and Tenant hereby covenant and agree as follows: 1. PARTIES LANDLORD: TENANT: CLAY TERRACE PARTNERS, LLC CLAY TERRACE (“Center”) 14390 CLAY TERRACE BLVD. CARMEL, INDIANA 46032 LIT FIREWORKS, LLC D.B.A. LIT FIREWORKS 653 FLORENCE DRIVE GREENFIELD, IN 46140 Email:TODD@SFPNETWORK.COM Attn: TODD DENNING (317) 301-6424 2. LEASED PREMISES. Space: E39 Approximate Square Footage: 1953 Description: Next to Orvis and Jimmy John's Landlord hereby leases to Tenant, for the Lease Term, the Premises defined above and located in the Center at the location shown on Exhibit “A” attached hereto and forming part of this Lease, for the purpose of occupying and using the Premises, subject to all the terms and conditions set forth herein. Tenant accepts the Premises “as-is” and without warranty or representation. Landlord has made no representation or warranty as to the fitness of the Premises for any specific use, including the Permitted Use. Unless otherwise agreed to by the Parties, Tenant shall not require Landlord to make any changes to the Premises to accommodate the Permitted Use. The Parties acknowledge that this Lease is short-term, and that all terms and conditions of this Lease reflect a short-term leasehold agreement between the Parties. Tenant agrees to strictly adhere to the rules, regulations and policies for the Center adopted by Landlord as set forth in Exhibit “B” attached hereto and forming part of this Lease (the “Rules and Regulations”), which are subject to change, revision and modification by Landlord at any time. 3. TERM AND TERMINATION. Commencement Date: 05/29/2023 Expiration Date: 07/06/2023 The term (the “Lease Term”) of this Lease shall commence upon the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date. Notwithstanding the foregoing to the contrary, Landlord may terminate this Lease upon twenty four (24) hours’ notice to Tenant delivered to Tenant’s address set out in Section 1. If Landlord terminates this Lease, without cause, prior to the Expiration Date, Landlord shall pay to Tenant a pro-rated refund for any prepaid rent. Notwithstanding anything to the contrary, in the event Tenant is in Default (as defined herein) of this Lease beyond applicable notice and cure periods, if any, Landlord may terminate this Lease at any time upon three (3) days’ notice delivered to Tenant's address set out in Section 1. If Landlord elects to terminate this Lease as set forth above, Landlord may reenter and take possession of the Premises and remove any and all of Tenant’s fixtures, equipment and inventory. 4. PERMITTED USE. Tenant shall be permitted to use the Premises for the purpose set out below (the “Permitted Use”) and for no other purpose without the prior written consent of Landlord. the sale of Indiana legal, consumer grade fireworks and for no other purpose 5. SECURITY DEPOSIT Tenant, concurrently with the signing of this Lease, shall deposit with Landlord the sum of $0.00 which sum shall be held by Landlord as security against a Default by Tenant (the “Deposit”). Tenant shall pay Deposit by way of company check or certified funds made payable to Landlord and delivered to Landlord to 180 E. Broad St., Columbus, OH 43215. Landlord, at Landlord’s option, may hold such Deposit commingled with other funds, without liability for interest. Landlord hereby acknowledges receipt of the Deposit from Tenant. Landlord will retain the Deposit as security for the faithful performance by Tenant of all covenants, conditions, and agreements of this Lease. The Deposit shall not constitute final payment of any rent or fees. The balance of the Deposit, if any, shall be refunded to Tenant approximately ninety (90) days following the later of (a) Landlord’s receipt of a W-9 from Tenant, or (b) the expiration of the Lease Term provided Tenant is not in Default under any of the terms of this Lease (or, if required by applicable law, the balance of the Deposit, if any, shall be refunded to Tenant at such time and in such mann er as is otherwise provided by law). The balance of the Deposit, if any, will be delivered to Tenant in accordance with the Notice provisions in Section 26.2 herein. DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 5/23/2023 Deal ID: WPG-072995 2 6. RENT AND PAYMENT 6.1 Minimum Rent. During the Term, Tenant shall pay to Landlord rent (“Minimum Rent”) for the Premises, without demand, deduction, set-off or counterclaim, in one (1) or more installments, in advance, pursuant to following schedule: Due Date Rent Estimated Tax* Total Due 05/29/2023 $ 10,500.00 $0.00 $10,500.00 Overall Total: $10,500.00 *TAX RATES ARE SUBJECT TO CHANGE BY THE APPLICABLE TAXING AUTHORITY. 6.2 Method of Payment. Tenant shall pay Minimum Rent, Overage Rent, and other fees (collectively, “Rent”) as directed by Landlord by way of Landlord’s electronic payment system (“Electronic Payment System”), unless otherwise designated by Landlord. Within five (5) days after the Effective Date, Landlord shall provide to Tenant instructions for accessing the Electronic Payment System via email and prompt notice of any changes to it. Tenant’s inability to access the Electronic Payment System in no way limits Tenant’s obligation to pay Rent. If Tenant is unable to access the Electronic Payment System for any reason, Tenant may contact Landlord for assistance through the Center Management Office. MAKE CHECKS PAYABLE TO: Clay Terrace Partners, LLC MAIL PAYMENTS TO: Clay Terrace c/o wpg Attn: Specialty Leasing 180 East Broad St, Floor 21 Columbus, Ohio 43215 6.3 Overage Rent. During the Term, Tenant shall pay, as additional rent (the “Overage Rent”), a percentage of monthly Gross Sales, as defined herein, from the Premises over and in excess of a specified annual Gross Sales breakpoint (the "Breakpoint"), on the tenth (10th) day of each calendar month based upon its Gross Sales for the immediately preceding month, as follows: Effective Date Percentage Breakpoint Frequency 05/29/2023 10.00% $ 100,000.00 Term "Gross Sales" means the total dollar value of all sales of merchandise, sales of services, and rentals of merchandise arising out of or payable on account of the business conducted in, on or from the Premises by or on account of Tenant or any sublessee, assignee, licensee or concessionaire of Tenant, for cash, credit or other means of payment, including all orders for merchandise taken at or sold from the Premises, and including any fees, such as membership fees, activation fees, service fees and relate d charges. 6.4 Late Payment and Returned Checks. If Tenant is late in making any payment of Rent to Landlord, Landlord may impose a late fee or fees, fine or fines, upon Tenant as otherwise provided for in the Rules and Regulations. The payment of such fee or fine shall not be construed to extend the date for payment of Rent or relieve Tenant of its obligation to pay Rent. Tenant is required to pay a service charge to Landlord of $30.00 for each returned check. 6.5 Taxes. Tenant shall pay to Landlord any and all governmental or quasi-governmental taxes or charges (other than income tax), based in whole or in part, on the Rent or other charges to be paid under this Lease, as may be in effect during the Term at the then-current rate set by the applicable taxing authority. Tenant understands that tax rates are subject to change and the tax amount charged to Tenant by Landlord will be adjusted accordingly. In addition, Tenant is obligated to collect State sales tax, where applicable, on its Gross Sales and to pay over such sales tax to the applicable taxing authority or authorities. 7. TENANT RECORDS AND STATEMENT OF SALES 7.1 Tenant agrees to record all Gross Sales and sales tax at the time each sale is made, whether for cash, cre dit or other means of payment. Tenant agrees to record such Gross Sales in a (point of sale) cash register or other manner that contains a cumulative record of sales transactions. Tenant shall provide to Landlord a report of Gross Sales and sales tax (“Tenant Gross Sales Report”) (i) on or before the tenth (10th) day of each month following the month in which Gross Sales occurred and (ii) no more than five (5) days following the Term Expiration Date. Tenant’s failure to report Gross Sales to Landlord in the manner set out in this Section 7.1 shall be an event of Default. 7.2 Notwithstanding anything contained herein to the contrary, if Tenant fails to provide a Tenant Gross Sales Report to Landlord within the times set forth in Section 7.1, then, in addition to other rights and remedies set forth in this Lease, Landlord shall have the right to (i) collect from Tenant a fee in the amount of Two Hundred and Fifty 00/100 Dollars ($250.00), which shall be deemed liquidated damages for administrative and overhead expenses resulting from such failure, and (ii) to estimate Tenant’s Gross Sales for any non-reported period and bill Tenant’s Overage Rent accordingly. Landlord reserves the right, at Landlord’s option, to adjust Overage Rent billings when Tenant Gross Sales Reports are received. 7.3 Landlord shall have the right to audit Tenant's Gross Sales not more frequently than twice per Lease Term. If Tenant understates its Gross Sales by greater than 2%, in addition to any other remedy available to Landlord, Landlor d has the right to terminate this Lease upon thirty (30) days’ notice delivered pursuant to Section 26.2. In this event, Tenant shall remain liable for any and all Rent and monies due pursuant to the terms of this Lease. DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Deal ID: WPG-072995 3 8. OCCUPANCY OF PREMISES. Tenant shall occupy the Premises upon commencement of the Lease Term. Thereafter, Tenant shall continuously occupy the Premises and operate Tenant’s business from the Premises, in accordance with the Permitted Use and for no other purpose whatsoever during all Center Hours of Operation set by Landlord. Tenant agrees that any and all merchandise, display equipment, and other items will remain with in the confines of the Premises. 9. ADDITIONAL PROVISIONS The following additional provisions (the “Additional Provisions”), if any, are hereby incorporated into this Lease. In the event of any conflict between any terms and conditions of this Lease and these Additional Provisions, the terms and conditions of the Additional Provisions shall control. IN-LINE SPACE. CONSTRUCTION AND BUILD OUT - LANDLORD APPROVAL OF SUB-CONTRACTOR AND INSURANCE. Tenant shall obtain the prior written approval of Landlord for any and all renovations, cosmetic upgrades, or refurbishing of the Premises. Prior to the commencement of any such work or modifications, Tenant shall provide to Landlord proof of sub-contractor insurance in the form of a certificate of liability insurance requested by Landlord, acting reasonably. As a pre-requisite to granting approval, Landlord may request to review samples of materials to be used. UTILITY SERVICES - INCLUDED IN RENT. Rent includes separately metered utilities that serve the Premises. 10. INSURANCE 10.1 Required Coverage. Commencing upon the earlier of the date of delivery of the Premises and the Commencement Date (such date, the “Insurance Date”), Tenant shall bear the entire risk of loss for all of its property, furniture, fixtures, carpets, machinery, improvements and betterments, equipment, inventory, stock in trade and goods placed in the Premises. Tenant shall carry, at its sole cost and expense, from the Insurance Date throughout the Lease Term, insurance providing as follows: (a) special perils "all-risk" property coverage on Tenant’s personal property of whatever type (furniture, fixtures, carpets, improvements and betterments, equipment, inventory, stock in trade and goods) that is placed in the Premises covering the property on a full replacement cost basis; (b) commercial general liability insurance covering the Premises and Tenant's Permitted Use of the Premises with a minimum coverage of $2,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage, including loss of use; and (c) workers’ compensation insurance as to comply with the laws and regulations of the stat e in which the Premises is located, and Tenant shall provide Landlord with a certificate of insurance evidencing coverage currently in force. Tenant’s insurance policies (“Tenant Policies”), shall be written with insurers licensed to do business in the state in which the Center is located, shall be in a form satisfactory to Landlord, and shall carry an A.M. Best rating of at least A -. With the exception of Workers Compensation, Tenant Policies shall name Landlord as an additional insured and shall provide Landlord with no less than thirty (30) days prior written notice from Tenant’s insurance carrier of cancellation or non -renewal. Tenant Policies shall also reflect that in the event that cov erage benefiting Landlord exists under both Landlord’s policies and Tenant Policies, coverage under Tenant Policies shall be primary and non-contributory. The above coverage may be achieved using both umbrella and primary insurance policies. 10.2 Liquor Liability Coverage. If alcoholic beverages are served, sold or otherwise distributed in, on or at the Premises, Tenant shall carry, at its sole cost and expense, liquor liability insurance for the benefit of Landlord and Tenant against claims f or bodily injury, death or property damage resulting from or arising out of the sale, distributio n, service or consumption of alcohol (liquor, beer or wine) from the Premises of not less than $3,000,000 per occurrence in respect of such personal injury, death or property damage. Tenant may achieve the above limits through a combination of primary and excess policies. Tenant’s insurance policy(ies) shall be written with insurers licensed to do business in the state in which the Center is located, in a form satisfactory to Landlord and shall carry an A.M. Best rating of at least A-. 10.3 Certificates. Tenant shall provide Landlord with a certificate of insurance (ACORD 25) prior to the date of occupancy by Tenant; and, within thirty (30) days of each anniversary of Tenant’s providing such proof of insurance, Tenant shall provide an additional certificate of insurance to Landlord evidencing the above-required coverages. 11. MUTUAL WAIVER OF SUBROGATION. Landlord and Tenant each waive all claims against each other, and shall cause their insurers to waive all rights of subrogation against the other, its officers, directors, employees and agents, mortgagees and ground lessor(s), from any and all loss, damages or liability covered under any policy of insurance required to be maintained by this Lease, including deductibles or retentions, notwithstanding that such loss, damages or liability may have arisen from the negligence, tortious act or omission of the other party, or anyone for whom such party may be responsible. 12. WAIVER OF LIABILITY. Landlord and Landlord’s property manager, each of their affiliates and subsidiaries, officers, directors, employees, agents, successors, assigns, and any mortgagee and master lessor of the Center (“Landlord Parties”) shall not be liable for, and Tenant waives all claims for loss or damage, including, but not limited to, co nsequential damages to person, property or otherwise, sustained by Tenant o r any person claiming through Tenant, in or upon the Premises, or any other part of the Center. There shall be absolutely no personal liability of Landlord with respect to this Lease. If a breach by Landlord occurs, Tenant shall look solely to the equity of Landlord in the Center for the satisfaction of Tenant's remedies. 13. INDEMNIFICATION BY TENANT. To the fullest extent permitted by law, Tenant hereby indemnifies Landlord and agrees to hold harmless and to defend Landlord and the Landlord Parties, from and against all claims, losses, liabilities, damages, DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Deal ID: WPG-072995 4 penalties, fines and expenses (including but not limited to attorneys' fees) that arise from or in connection with the use of the Premises, or any portion thereof by the Tenant, its employees, agents, contractors, licensees, invitees, successor and assign s, if any. 14. LANDLORD DISCLAIMER. Tenant agrees that Landlord has made no representations, warrantees or guarantees regarding the success or failure of Tenant's business or operations or with respect to projected or anticipated Gross Sales o r profits under this Lease. Tenant acknowledges that Landlord has made no representations concerning the possibility of the extension or renewal of the Lease Term beyond the period set forth herein. In fact, Landlord and Tenant agree that the Lease Term shall expire, and Tenant’s rights to possession of the Premises shall terminate, upon the Expiration Date (unless the Lease is terminated earlier than such date). 15. POLICY POSTING, SIGNAGE AND VISUAL MERCHANDISING. 15.1 Return and Exchange Policy. Tenant shall post its merchandise return and exchange policy in a location visible to the public at all times during the Lease Term. 15.2 Signage. All Tenant’s signage must be of professional quality and approved by Landlord prior to the Commencement Date. If the Tenant has an in-line space, it must supply its storefront with a three dimensional or raised -lettered sign. Such sign shall be proportionate to the existing fascia size and shall be pre-approved by Landlord. Banner signage is not permitted. 15.3 Visual Merchandising. Tenant shall comply with the visual merchandising standards of Landlord. Landlord reserves the right to approve and to make recommendations and/or changes to Tenant's visual presentation and to Tenant’s display of merchandise. Tenant shall submit a visual merchandising plan to Landlord for approval. Tenant understands and agrees to implement visual merchandising recommendations of the Landlord and to change visual merchandising presentation as requested by the Landlord. Landlord reserves the right to adopt additional visual merchandising standards and policies in the Rules and Regulations. If Tenant elects to have Landlord or its agent provide consultation or renderings of visual displays, Tenant agrees to pay Landlord or its agent a fee for such consultation (the “Consulting Fee”) with Tenant’s first month Rent. For clarity, consultation does not include production, construction, set-up or labor, which shall be at Tenant’s sole cost. 16. PERMITS AND COMPLIANCE 16.1 Permits. Tenant shall obtain, at its sole cost and expense, any licenses, authorizations, or permits required by any government agency or authority for the Permitted Use and for any type of activity to be carried on at the Premises (collectiv ely, “Tenant Licenses”). Tenant represents that it has, or shall obtain prior to the Commencement Date, all Tenant Licenses, and any sales, use, and other federal, state, county or local tax permits required with respect to the Permitted Use to be conducted at the Premises. 16.2 Compliance. Tenant shall, at its own cost and expense, comply with all laws, orders, ordinances and with directions of public officers thereunder, with all applicable Board of Fire Insurance Underwriters regulations, and with all other requirem ents and notices from Landlord or it's mortgagee, respecting all matters of occupancy, condition or maintenance of the Premises, whether such orders or directions shall be directed to Tenant or Landlord, and Tenant shall hold Landlord harmless from any a nd all costs or expenses on account thereof. Tenant shall comply with the Rules and Regulations; not engage in any unlawful activities; and not consume serve or sell alcoholic beverages on or from the Premises. 17. DEFAULT. The failure of Tenant to fulfill or perform any obligation, term or condition of this Lease shall be a default (“Default”). If Tenant is in Default, Landlord may pursue such remedy as is provided for in Section 3 of this Lease, and Landlord may pursue any other remedy or remedies available to Landlord at law or in equity. Landlord shall not, under any circumstances, be obligated to accept any rental payments and/or to allow Tenant to cure any Default hereunder. Landlord may pursue any damages (including, but not limited to Landlord’s reasonable attorney fees and legal costs and expenses) and/or loss of rent (such loss of rent to be measured by the unpaid rents and other charges due under this Lease over the full term hereof) sustained b y Landlord as a result of Tenant's Default under this Lease. Without limiting Landlord’s rights and damages under the terms of this Lease or applicable law, if Landlord exercises its right to recover possession of the Premises, the Parties specifically agre e and acknowledge that Landlord shall be entitled to recover from Tenant monetary damages equal to Landlord’s costs in facilitating such recovery. 18. RELOCATION. Landlord shall have the right, for any reason and at any time, to require Tenant to relocate to another space at the Center (the “New Location”) at Tenant’s sole cost and expense. Landlord shall provide Tenant at least thirty (30) days’ prior written notice of relocation (“Relocation Notice”) and shall specify the date of relocation (“Relocation Date”) in the Relocation Notice. Tenant shall surrender the Premises on the Relocatio n Date. The New Location shall be subject to the same terms, conditions and covenants as the Premises. The Parties agree to promptly execute an amendment to this Lease reflecting such relocation. If Tenant elects not to relocate as requested, Tenant shall notify Landlord within ten (10) days of receipt of the Relocation Notice and this Lease shall terminate on the Relocation Date. 19. FIXTURES. Tenant may use any fixtures located in the Premises on the Commencement Date (“Landlord Fixtures”). All Landlord Fixtures are the property of Landlord. Tenant shall not remove Landlord Fixtures from the Premises. Upon expiration or earlier termination of this Lease or upon Tenant otherwise vacating the Premises, Tenant shall be liable for any fees incurred by Landlord to recover such Landlord Fixtures removed by Tenant. 20. MAINTENANCE OF PREMISES. Tenant shall maintain the Premises, at its sole cost and expense in good, clean and safe condition. Tenant shall make all necessary replacements and repairs to the Premises except for structural repairs. Tenant shall not scratch or mar, or otherwise damage, the floors, carpet, walls and ceiling of the Premises. DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Deal ID: WPG-072995 5 21. HAZARDOUS MATERIALS. Tenant shall not cause or permit any hazardous material to be brought upon, stored, kept, used, or discharged on or about the Premises. 22. DAMAGE AND ALTERATIONS TO PREMISES. Tenant shall not make any alterations to the Premises, unless otherwise agreed to by the Parties. Tenant is liable for all damages to the Premises, including any Landlord Fixtures contained therein, and to the Center that is caused by Tenant, its employees, agents, invitees, successors or assigns . Upon demand, Tenant shall reimburse Landlord for the cost of the repair of the Premises (inclusive of Landlord units), or any other damage elsewhere in the Center, caused by or arising from the Tenant’s use of the Premises, including installation or removal of Tenant’s property in or from the Premises during the Lease Term and upon the expiration or earlier termination of this Lease. 23. DELIVERY OF PREMISES UPON TERMINATION. On the expiration or earlier termination of this Lease, Tenant shall remove its goods and effects, fully restore the Premises to at least the condition prior to Tenant’s taking possession, including repairing any damage caused by such removal, vacate and peaceably yield up the Premises in broom-clean condition. Personal property of Tenant not removed within ten (10) days of such termination or earlier revocation shall become the property of Landlord, at Landlord's option, without liability to Tenant therefor. 24. HOLDING OVER. If Tenant shall hold possession of the Premises after the expiration of the Lease Term or termination of this Lease, at Landlord’s option (i) Tenant shall be deemed to be occupying the Premises as a holdover tenant and agrees to p ay Landlord for such period at double the highest Minimum Rent in effect during the Lease Term or any extensions thereof, plus a ll Overage Rent payable under this Lease, and otherwise subject to all of the terms and conditions of this Lease, or (ii) Landlord may exercise any other remedies it has under this Lease, at law or in equity including an action for wrongfully holding over. 25. NO LIENS 25.1 Tenant shall not suffer any mechanics' or materialmen's lien to be filed against the Premises or the Center by reason of work, labor, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest , Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, o rder of a court of competent jurisdiction, or otherwise. In the event of Tenant's failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Land lord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety o r the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred i n connection therewith, including reasonable attorneys' fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 25 from Construction Allowance towards Tenant's work at the Premises, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant's obligation to observe and perform any of the provisions of this Section 25 shall survive the expiration of the Lease Term or the earlier termination of this Lease . 25.2 Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or othe r construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant's property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to dis charge the same by exercising the rights and remedies afforded it under Section 25.1. 25.3 FOR FLORIDA LEASES ONLY. In order to comply with the provisions of Section 713.10, Florida Statutes, it is specifically provided that neither Tenant nor anyone claiming by, through or under Tenant, including, but not limited to, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any construction lien of any kind whatsoever upon the Premises or improvements thereon, any such liens are hereby specifically prohibited. All parties with whom Tenant may deal shall be put on notice that Tenant has no power to subject Landlord’s interest to any construction lien of any kind or character, and all such persons so dealing with Tenant must look solely to the credit of Tenant, and not to Landlord’s int erests or assets. 26. GENERAL 26.1 Assignment and Subletting. Tenant shall not sell, assign, mortgage, pledge or transfer this Lease or any interest therein, nor sublet all or any part of the Premises, nor license concessions or departments therein, without Landlord's prior written approva l, which may be withheld at Landlord's sole and absolute discretion. 26.2 Notice. Unless otherwise expressly stated herein, notice to Tenant (including a statement for Minimum Rent, and Overage Rent owed) or Notice to Landlord (collectively, “Notice”) shall be effective only if Notice is in writing and is (i) delivered in person, (ii) delivered by U. S. mail, or (iii) delivered by a reputable overnight courier. Any such Notice shall be delivered (1) to Landlord at the address set forth in Section 1, or to such other address as Landlord shall designate by giving written Notice thereof to Tenant; or, (2) if to Tenant, at the address set forth in Section 1 or such other address as Tenant shall designate by giving written Notice thereof to Landlord. Any such Notice (including any statement, certificate, request or demand) shall be deemed to have been given upon receipt or refusal of receipt. 26.3 Entire Agreement. This Lease and any and all attachments and exhibits hereto, constitute the entire and complete agreement between the Parties and supersedes any prior oral or written representations, promises or agreements between the Parties with respect to the subject matter hereof. DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Deal ID: WPG-072995 6 26.4 Amendment. This Lease may not be amended or modified, and no waiver of any term or condition shall be effective, unless made in writing and signed by the Parties hereto. 26.5 Failure to Enforce. The failure of either Party to object to or take affirmative action with respect to any conduct of the other which is in violation of the terms of this Lease shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. 26.6 Severability. If any term, provision, covenant or restriction of this Lease is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Lease shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 26.7 Survival. The obligations of Tenant (i) for payment of rent and charges under this Lease, (ii) for performance of obligations which by their nature must be performed after the expiration or earlier termination of this Lease, and (iii) under Section 13 (Indemnification) of this Lease, shall survive the expiration or earlier termination of this Lease 26.8 Governing Law. This Lease shall be governed by and shall be construed in accordance with the laws of the State where the Center is located, excluding any conflict of laws rule or principle that might refer the governance or the construction of this Lease to the law of another jurisdiction. The Parties expressly waive all right to trial by jury in any action, proceeding or count erclaim arising out of this Lease. 26.9 Counterparts and Electronic Copies. This Lease may be executed in any number of counterparts with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and co nstitute the same instrument. A signature to this Lease executed and/or transmitted electronically shall have the same authority, effect, and enforceability as an original signature. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Deal ID: WPG-072995 7 By signing this Lease, Tenant acknowledges that he/she understands ALL provisions included within this Lease and the Rules and Regulations for the Center, and ALL provisions within any exhibits attached to this Lease and Tenant agrees to be bound by this Lease. LANDLORD TENANT CLAY TERRACE PARTNERS, LLC, a Delaware limited liability company LIT FIREWORKS, LLC Indiana Limited Liability Company D.B.A. Lit Fireworks By:: Name: Title: _ Date: _ By: Name: _ Title: _ Date: _ DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Member Todd Denning 5/22/20235/23/2023 Jennifer S. Hillman General Manager Deal ID: WPG-072995 9 EXHIBIT “B” CENTER RULES AND REGULATIONS These Center Rules and Regulations are attached to and form part of a Lease or License Agreement (“Agreement”). In the event of a conflict between the terms of these Rules and Regulations and the Agreement, the terms of the Agreement shall govern. Capitalized words not defined in these Rules and Regulations shall have the meaning assigned to them in the Agreement. 1. Hours of Operation. All Tenants/Licensees must open for business during all Center hours inclusive of any extended holiday hours as determined by Center Management (“Hours of Operation”). Late openings and early closings will not be tolerated and will result in a fine or termination of the Lease or License Agreement, as the case may be. Landlord/Licensor requires that Tenant/Licensee remain open and fully stocked in their store, Premises or Location (“Space”) throughout the term of its Agreement. 2. Maintenance. 2.1. Tenant/Licensee and its employees shall: (a) Maintain a clean and safe Premises/Space at all times (b) Perform daily dusting, cleaning and care of units or store, as required, if the Space is in the Common Area. (c) Keep the Premise/Space free of debris, boxes, coats, purses, additional personal items and other storage containers. (d) Keep all trash receptacles out of customer’s sight. (e) Clean windows of in-line store inside and out, if Premises are in-line premises. (f) Keep cash wrap areas uncluttered. 2.2. Tenant/Licensee is fully responsible for any damage to the store interior, common area display units, fixtures, signage or additional pieces while in use and will be billed for any and all repairs or replacements needed. 3. Advertising and Solicitation. 3.1. Tenant/Licensee shall not solicit business in the common area by distributing handbills or other advertising materials unless prior approval is given by Center Management. Obstructing traffic flow of shoppers or interfering with other common area businesses is strictly prohibited and will not be tolerated. 3.2. Any Tenant/Licensee wishing to participate in or conduct any type of special marketing event or promotion (ex: guest/celebrity appearances, demonstration of product, etc.) within its Premises/Space must obtain the prior written approval of Center Management. 3.3. The following types of sales shall not be conducted on or about the Premises/Space: (a) Sales using the auction, hawking/badgering method of selling; (b) Fire Sales; and (c) Closing Out, Lost Lease, Moving, Going Out-of-Business, or any similar sales. 4. Set-Up & Tear Down. All set-ups, deliveries, restocking, loading, unloading and tear downs must be done through the Center service corridors before or after the Center opens for business each day. An After-Hours Permit is required for access to the Center prior to or after Center Hours of Operation. If Tenant/Licensee needs to be in the Center more than two (2) hours before the Center opens or two (2) hours after the Center closes, Tenant/Licensee must obtain an After-Hours Permit as described in Section 14.5 of these Rules and Regulations. 5. Stocking & Delivery. The Premises/Space must be kept fully stocked at all times. Cardboard boxes and merchandise are not allowed on the floor or in customer’s view while the Center is open for business. All deliveries must use dry, rubber wheels and not scratch, pierce, or damage the floors. Tenant/Licensee is responsible for all costs to repair such damage. 6. Fixtures & Alterations. 6.1. Tenant/Licensee shall not make any alteration to the Premises/Space, including, but not limited to, those made by driving or attaching nails, tape, staples, glue, bolts or other materials to any part of the Center or its equipment without the prior written approval of Center Management. Tenant/Licensee shall be responsible for the cost to repair any damage to the Center or its property caused by the Tenant/Licensee, its employees or agents, including cost of materials and labor. Tenant/Licensee is not permitted to make changes to the physical structure of the Premises/Space without the prior written approval of Center Management. 6.2. Any and all fixtures, accessories or props provided by Landlord/Licensor must be returned in their original condition at the time of Lease/License expiration or termination. Any damage noted upon return will result in Tenant/Licensee being required to pay for repair and/or replacement. Damage during tenancy is Tenant/Licensee’s responsibility to report as soon as possible, including tears/rips to any retail merchandising unit (“RMU(s)”) security tarp. 6.3. No additional floor fixtures including racks and tables are permitted in conjunction with RMUs or Kiosks unless approved in advance by Center Management. 6.4. Tenant/Licensee may not place or install any aerial, antenna, satellite, tower, etc. on the roof, exterior walls of, or within the Space or the Center without, in each instance, the prior written approval of Landlord/Licensor. Any unapproved installation shall be subject to removal, at Tenant/Licensee’s sole cost and expense, by Landlord/Licensor, at its discretion, at any time, without notice and without liability for damage resulting from such removal. 6.5. Tenant agrees that any and all merchandise, display equipment, and other items will remain within the confines of the Premises /Space. 7. Seating. Each RMU is provided with one (1) chair. It is Tenant/Licensee’s responsibility to ensure that the chair stays at the RMU and is secured when the Center is closed. Kiosks and in-line stores must provide their own chair if needed, which should be approved in advance by Center Management. No other seating is permitted unless approved by Center Management. 8. Fines. Fines are at the discretion of Center Management. Any violation of these Center Rules and Regulations may incur a fine and potentially jeopardize Tenant/Licensee’s position in the Specialty Leasing Program. In the event that a rule or regulation is not observed, a Tenant/Licensee violation notice indicating the type of violation will be issued. All fines are due upon receipt of notice. 9. Employee Standards. 9.1. Tenant/Licensee and all employees in the Premises/Space will adhere to and maintain the dress code set forth by Center Management. Tenant/Licensee and its employees are expected to be neat, clean and well-groomed while on duty. Extremely low-rise jeans, sweat suits, short shorts, halter tops, short skirts or other questionable or revealing clothing styles are NOT permitted. Tenant/Licensees who do not meet this dress code will be asked to leave the Center until they are appropriately attired. DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 Deal ID: WPG-072995 10 9.2. Eating, drinking and reading are not permitted in or around the Space. 9.3. Absolutely NO SMOKING is permitted in the common areas, corridors, restrooms, in-line stores and back rooms or entrance areas. Smoking is only permitted in the various areas designated for such purpose on the exterior of the Center property. 9.4. Loitering by friends and family at the Space will not be permitted, nor are they permitted to cover for any employee absence or break. Tenant/Licensees and their employees are not permitted to babysit their own children or children belonging to others while on duty. 9.5. Personal belongings of RMU Tenant/Licensees, such as coats and purses, must be stored out of sight. The back of the stool cannot be used for hanging purses, coats, bags or briefcases. 10. Return and Exchange Policy. Tenant/Licensee must have a return policy clearly posted at the point of sale and professionally signed. Policies are at the discretion of each individual merchant; however, Landlord/Licensor strongly encourages doing everything possible to satisfy the customer. 11. Parking. Tenant/Licensee and its employees should restrict parking to areas designated by Center Management. Tenant/Licensee shall not park any camper, recreation vehicle, trailer, bus, large truck or other vehicles that exceed the size of an individual parkin g space. Tenant/Licensee may not use any portion of the Center property for lodging purposes. Failure to follow designated parking rules may result in a Tenant/Licensee violation or employee car being towed. 12. Merchandise Content. Any and all material determined by Center Management to be inappropriate and/or in poor taste for the community and/or Center is prohibited. Refusal to remove merchandise at the request of Center Management will result in termination of the Lease/License Agreement. 13. Trash Disposal. 13.1. The disposal of trash is the responsibility of the Tenant/Licensee. No trash or debris is to be placed inside interior trash receptacles. Tenant/Licensee is responsible for setting up an account directly with the trash removal contractor for the use of the trash compactors located on the Center’s property. Cardboard must be broken down and separated from all other waste material and placed in the cardboard recycling dumpster. Trash should not be left outside the compactors or cardboard recycling dumpsters. If there is a problem with the compactor, Tenant/Licensee should notify Center Management. Trash articles of any type are not permitted in service hallways at any time day or night. This is a fire hazard and violates fire code. 13.2. Tenant/Licensees are required to participate in the recycling program for fluorescent bulbs as per federal guidelines. For more information on fluorescent bulb disposal or other hazardous materials, please contact Center Management office. 13.3. Violators may incur a fine for improper trash removal. 14. Security. 14.1. Tenant/Licensee assumes full responsibility for protecting itself from theft, robbery and pilferage. Incidents should be reported to Center Management as soon as possible, or 9-1-1 in the event of an emergency. 14.2. All RMU’s are equipped with a security tarp for use at Center closing, Tenant/Licensee must provide padlocks to secure the tarp. Employees should remain at their RMU, kiosk or store during Center hours to help avoid theft. 14.3. The keys to the Premises/Space must be returned to Center Management upon expiration or earlier termination of the Lease/License Agreement. Storage space and inline store space keys must be returned to Center Management during a walk-through of the Premises/Space upon conclusion of tenancy/occupancy. 14.4. Tenant/Licensees shall furnish Center Management Office with a 24-hour emergency telephone number(s) and contact person(s). This information must be kept current in the Center Management Office, and is the responsibility of the Tenant/Licensee to update as necessary. 14.5. After-hours access to the Premises will require an After-Hours Permit. To obtain an After-Hours Permit, Tenant/Licensee is required to give at least 24 hours’ notice to Center Management and provide the reason for access, names of personnel, and the time of entry/exit needed. Anyone entering the Center Management before Hours of Operation or after Center lock-up, may be denied access without an After-Hours Permit and proper identification, as determined by Landlord/Licensor. 14.6. Tenant/Licensee must contact Center Security at least 24 hours in advance, to make arrangements for any work to be performed in the Space by third parties before or after Center Hours of Operation. 15. PROHIBITED ACTIVITIES AND USES. 15.1. The following are PROHIBITED: (a) Operation of audio/visual equipment without the approval of Center Management; (b) Emission of excessive noise or odors or use of any device or paraphernalia such as sirens, bells, amplifiers, flashing lights, megaphones, musical instruments, headphones, radio or any equipment which may constitute a nuisance. (c) Use of Space in any manner or for any purpose that might invalidate or increase the rate of insurance; (d) Use of Space for any purpose whatsoever which might create a nuisance or injure the reputation of the Center; (e) Use the name of the Center or use pictures of the Center, except as the address of Tenant/Licensee's business. The Landlord/Licensor may amend, repeal or create new rules and regulations from time to time and all such amendments, repeals and/or new rules and regulations shall be binding upon the Tenant/Licensee receipt of a copy thereof. Tenant/Licensee Signature: Date: DocuSign Envelope ID: 64504EA4-2548-4E3E-927A-62B419184276 5/22/2023 Status Inspected by Completed at Completed Chris Rohr 06/02/2023 10:24:09 Business Address Suite City State Zip 14250 CLAY TERRACE BLVD #120 CARMEL IN 46032 Passed- No Fire Code Violations Item Result Remarks OCCUPANCY STATUS Pass Inspection Note Fireworks Retail Store All Violations are cited from Indiana Fire Code (675 IAC 22-2.4), the Indiana Code, NFPA, and Carmel City Code unless otherwise noted. Notice of Fire and/or Safety Violations: You are hereby notified that a Fire Inspection of your premises has been made. Any violations to Fire Code have been noted by the inspector above. Order to Comply: The violation(s) listed above could be peril to the life and safety of the occupants and/or property. You are hereby notified to have the violation(s) eliminated 30 days from inspection, unless otherwise noted 1 / 2 Inspection #CF-2023-0000357 as some violations will need to be corrected immediately. Compliance: Please send email notification to the Carmel Fire Department Prevention Division at CFDInspections@carmel.in.gov with evidence of corrected violation(s). If violations CANNOT be corrected before the (30) day compliance expires, you must contact the Carmel Fire Prevention Bureau via email or phone. The Carmel Fire Prevention Bureau reserves the right to perform re-inspections to assure quality control of this program. Right of Appeal: You have specific rights including: (1.) The right to file a written petition for review of violation(s) or order(s) issued within eighteen (18) working days of the date you receive notification, to the State Fire Marshal, Department of Building Services, 402 W. Washington St., Suite E241, Indianapolis, IN 46204 (2.) The right to request an informal discussion of the violation(s) prior to filing a petition for review Failure to Comply with Order(s): Failure to comply with this order by the time set may result in the following: (1.) Institution of a mandatory and injunctive relief in the enforcement of Indiana Code Chapter 22-14. (2.) Revocation or denial of a permit to operate your business. Inspection Signatures Inspector Signature __________________________ Chris Rohr -- -- Powered by TCPDF (www.tcpdf.org) 2 / 2 Inspection #CF-2023-0000357 Shalit, Aliza From:todd@sfpnetwork.com Sent:Wednesday, May 31, 2023 11:54 AM To:Shalit, Aliza Subject:RE: LIT Fireworks sign permit Aliza, Please disregard the other signs I have submitted and let’s go with the channel letter sign I submitted. I’m getting approval for that sign from Clay Terrace. I’ll send that to you as soon as I get the letter from Clay Terrace. Thanks, Todd Denning Direct Point Realty Cell: 317.201.6424 todd@sfpnetwork.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. From: Shalit, Aliza <ashalit@carmel.in.gov> Sent: Wednesday, May 31, 2023 10:47 AM To: 'todd@sfpnetwork.com' <todd@sfpnetwork.com> Subject: RE: LIT Fireworks sign permit The sign has to be made up of individual channel letters per Clay terrace sign package. The individual lettering you have would have to be the sign to be used. What I meant about temp vs permanent sign is that the banner is allowed in place of an already applied for permanent sign. If you are only having a sign for a month of a couple of months it is temporary but it would still be required to follow similar standards as a permanent sign (meaning it cannot be a banner or plastic printed board). Also, the letter of approval that is required is not the lease agreement, it is a sign form from Clay terrace approving the sign itself. Aliza Shalit | Sign Permit Specialist ashalit@carmel.in.gov | 317.571.2280 From: todd@sfpnetwork.com <todd@sfpnetwork.com> Sent: Wednesday, May 31, 2023 10:16 AM To: Shalit, Aliza <ashalit@carmel.in.gov> Subject: RE: LIT Fireworks sign permit Aliza, Clay Terrace sign permission is in the lease. I have attached a copy of the lease agreement. Since the lease doesn’t allow for banner signage I’d like to submit the attached sign which is 4’x16’ and is made from Coroplast. 1 Thanks, Todd Denning Direct Point Realty Cell: 317.201.6424 todd@sfpnetwork.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. From: Shalit, Aliza <ashalit@carmel.in.gov> Sent: Wednesday, May 31, 2023 9:00 AM To: 'todd@sfpnetwork.com' <todd@sfpnetwork.com> Subject: RE: LIT Fireworks sign permit Todd, We are also missing the Letter of Approval from Clay Terrace for this signage. Also, to make it clear, the 4’x15’ yellow/red graphic is a banner? I will need the measurements requested in the previous email to make sure something that large can be installed. There is a size maximum allowable per UDO Sign Standards. The maximum sign size is 70% of the Spandrel Panel height x 85% of the Spandrel Panel width. I can determine the maximum size once I have the measurements. Thank you, Aliza Shalit | Sign Permit Specialist ashalit@carmel.in.gov | 317.571.2280 From: todd@sfpnetwork.com <todd@sfpnetwork.com> Sent: Tuesday, May 30, 2023 7:07 PM To: Shalit, Aliza <ashalit@carmel.in.gov> Subject: RE: LIT Fireworks sign permit Aliza, Here are some supporting docs for the sign permits. I applied online for a permanent sign to go with the temp sign application. Please let me know if I’m still missing any info. Sincerely, Todd Denning Direct Point Realty Cell: 317.201.6424 todd@sfpnetwork.com 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. From: Shalit, Aliza <ashalit@carmel.in.gov> Sent: Tuesday, May 30, 2023 4:17 PM To: 'todd@sfpnetwork.com' <todd@sfpnetwork.com> Subject: RE: LIT Fireworks sign permit Hello Todd, Attached is the previous sign permit for Lit Fireworks that we have on file. The sign is made up of individual letters and there is a temporary use permit on file as well (since the location where these will be sold is a temporary use location). Please check with the building code department to see if you will need a temporary use permit as well. The application you submitted can be updated if the sign will be turned into individual channel letters mounted on the sign fascia. No need to create a new one right now. But a site plan is required as well as description of the individual letters, materials, and size. A letter of approval from the landlord for this signage is also required. Regards, Aliza Shalit | Sign Permit Specialist ashalit@carmel.in.gov | 317.571.2280 From: Shalit, Aliza Sent: Tuesday, May 30, 2023 3:51 PM To: 'todd@sfpnetwork.com' <todd@sfpnetwork.com> Subject: LIT Fireworks sign permit Hello Todd, Please find the sign permit application review for you temporary sign below. Per the city of Carmel Sign Standards, temporary signage is not allowed without a permanent sign permit application. Banners are also no allowed as signage unless the above requirement has been fulfilled: Please provide site plan with exact location of proposed sign Please provide rendering of sign as it will look on the building Please provide mounting/lighting schematic Temporary signage is not allowed per the City of Carmel UDO Sign Standards unless a permanent sign permit has been applied for. Please apply for a permanent sign permit. Banners without the above are not allowed. Regards, Aliza Shalit | Sign Permit Specialist Dept. of Community Services (DOCS) | Planning & Zoning City of Carmel | One Civic Square, Carmel, IN 46032 ashalit@carmel.in.gov | 317.571.2280 3 Receipt#:11525 Carmel City Hall:317-571-2400 Date:6/5/2023 One Civic Square www.carmel.in.gov Payment Receipt Paid ByTodd Denning Invoice #Case Type Case Number Sub Type -SIGN S-2023-00141 COM Tender Type/Description Amount CREDIT-Credit Card 206.60 - - Sub Total:206.60 Fees: Fees Code /Description Amount SIGNINIMP-Sign Installation Improvement 90.60 SIGNPERMIT-Sign Permit 116.00 - - - - - - Sub Total:206.60 Total Amount Due:206.60 Total Payment:206.60 Received By:ashalit Code:DEFAULT_Recpt11525_5_6_2023_ashalit Page:1 of 1