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HomeMy WebLinkAbout2017-05-02 P&ZCOLUMBIA CH HEIGHTS Planning and Zoning Commission Meeting May 2 "d, 2017 7:00pm Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 1. Call to Order and Roll Call. a. Approval of April 4th, 2017 Planning and Zoning Commission Meeting Minutes 2. Public Hearings a. Case # 2017 -0501, Interim Use Permit 4005 Central Ave. NE, Columbia Heights, MN 55421 Renaissance Fireworks 3. Adjourn 05-02-17 MINUTES OF PLANNING AND ZONING COMMISSION APRIL 4, 2017 7:00 PM The meeting was called to order at 7:05 pm by Vice -Chair Fiorendino. Adam Schill took the oath of office for his re- appointment to the Commission. Commission Members present- Novitsky, Hoium, Schill, and Fiorendino Members Absent: Szurek Also present were Elizabeth Holmbeck (Planner), and Jodi Griffin (Acting Secretary) along with Council Liaison, John Murzyn. Motion by Hoium ,seconded by Novitsky, to approve the minutes from the meeting of March 7, 2017. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2017 -0401 Planet Fitness 5045 Central Avenue Final Plat Approval Holmbeck explained that Aisling Fitness LLC on behalf of Planet Fitness, has requested Final Plat Approval per Code Section 9.104 (M), for the vacant site located behind La Casita and White Castle. The site is comprised of three vacant lots, which do not have assigned addresses: Property Identification Numbers (PIN): 25- 30- 24 -23- 0018, 25- 30 -24 -23 -0017, and 25- 30 -24 -22 -0066. The applicant is proposing to re -plat the property to allow for a fitness facility to be constructed on the south end of the site. The Preliminary Plat and Site Plan were approved by the Planning and Zoning Commission and City Council in January 2017. Since then, the applicant has submitted construction plans for review. The construction permit will not be issued until the Final Plat is approved for recording purposes with the Anoka County Recorder's Office. ZONING ORDINANCE The site is currently comprised of three properties which are located in the General Business Commercial Zoning District. The properties to the north are located in the City of Fridley. The properties to the east are located in the One and Two Family, and Built as Duplexes Residential Zoning District. The properties to the south and west are located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial land use. Commercial development on the longstanding vacant commercial property is consistent with the City's Comprehensive Plan. FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary Plat. This is correct. P & Z Minutes Page 2 April 4, 2017 (b) The Final Plat conforms to the requirements of 9.115. This is correct. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Final Plat request made by Aisling Fitness, LLC on behalf of Planet Fitness for the properties located on 51 s` Court NE., (PIN: 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). Questions /comments from members: Fiorendino asked Holmbeck if there were any significant changes to the Final Plat versus the Preliminary Plat which was approved by City Council on January 9, 2017. Holmbeck stated there were not. Public Hearing Opened. Nancy Kruse, 1090 Polk Place NE, requested more information about the development; specifically, what type of business is being developed there and when construction is projected to begin and end. Holmbeck explained the property will be developed into a Planet Fitness and deferred Kruse's question regarding the construction timeline to Charley Howley, the engineering firm's representative who was present. Howley stated the property would be closing early next week, pending approval of the Final Plat by City Council on Monday, April 10 , and construction is set to begin soon thereafter. Howley stated the projected opening is the end of October, 2017. Kruse stated she was glad something was finally being developed on the property. Steve Ess, 5030 Mulcare Drive, inquired how the building would be situated on the property; whether it would be located more on the left, right, or center, and whether it would be facing north or south. Holmbeck stated the facility would be located on the south end of the property, with the parking lot and entrance to the facility on the north end. Holmbeck also stated Aisling Fitness, LLC continues working with the City of Fridley, and the owner of the property directly due north, for potential purchase of that parcel which would allow for additional parking and provide an additional access point to the site. Ess also commented that he was very happy with the plan and the fact that something is being developed on the vacant property. Public Hearing Closed. Motion by Hoium , seconded by Schill, to waive the reading of Resolution No. 2017 -29, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium , seconded by Schill, that the Planning and Zoning Commission recommends the City Council approve the Final Plat for the three vacant properties located on 51s' Court NE., (PIN.•25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066), subject to certain conditions ofapproval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: P & Z Minutes Page 3 April 4, 2017 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 4. Separate permanent easements will need to be placed over storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 5. The applicant shall meet the requirements outlined in the report from the City's Building Official, dated 3124117. All ayes. MOTIONPASSED. The following Resolution will go to the City Council April 10, 2017. RESOLUTION NO. 2017 -29 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Aisling Fitness, LLC for the Three (3) vacant lots located at 51St Court NE. Whereas, a proposal (Case # 2017 -0401) has been submitted by Aisling Fitness, LLC to the City Council requesting Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: Three (3) vacant lots located at 515` Court NE (Property Identification Numbers (PIN): 25- 30 -24- 23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Final Plat Approval per Code Section 9.104 (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on April 4, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Final Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: P & Z Minutes Page 4 April 4, 2017 FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary Plat. (b) The Final Plat conforms to the requirements of 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not recorded with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 4. Separate permanent easements will need to be placed over storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 5. The applicant shall meet the requirements outlined in the attached report from the City's Building Official, dated 3/24/17. P & Z Minutes Page 4 April 4, 2017 No other new business. The meeting was adjourned at 7:14 pm. Respectfully submitted, Jodi Griffin Acting Secretary HEIGHT CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0501 DATE: April 21, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Renaissance Fireworks DEVELOPMENT: Temporary Fireworks Tent LOCATION: 4005 Central Avenue NE., Columbia Heights MN, 55421 REQUEST: Interim Use Permit for Seasonal fireworks Sales PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4005 Central Avenue. The specific development standards for outdoor fireworks sales /display are found in Section 9.107 (C) (22) of City Code, and will be added as conditions of approval for this permit. The attached property and tent location map illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. The applicant must schedule an inspection with the Fire Department before sales can occur on the property. ZONING ORDINANCE The property located at 4005 Central Avenue is located in the CBD, Central Business District. The properties to the north, south and west are also zoned Central Business and the properties to the east are zoned in the R -4, Multiple Family Residential District. Seasonal Fireworks Sales is allowed as Interim Use in the Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use. The proposal for seasonal fireworks sales is consistent with the intent of the City's Comprehensive Plan. FINDINGS OF FACT Section 9.104 (1) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: City of Columbia Heights Planning and Zoning Commission May 2, 2017 Planning Report Page 2 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are specifically listed as an Interim Use in the Central Business District and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses by the surrounding commercial buildings. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed should have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4005 Central Avenue, subject to conditions of approval outlined below. City of Columbia Heights Planning and Zoning Commission May 2, 2017 Planning Report Page 3 Motion: Move to waive the reading of Resolution No. 2017 -PZ03, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2017 -PZ03, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 161h 2017, to July 12th 2017, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales occurring on the property. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. The fireworks tent shall be accessory to a commercial use. 4. Fireworks tents located within the public right -of -way are prohibited. 5. All goods shall be displayed on a designated impervious surface area. 6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible from adjacent residential properties. 8. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 9. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. The tent must be anchored to withstand 90MPH /3Second wind gusts. Any electrical use will need a permit and is required to be inspected by the State Electrical Inspector. ATTACHMENTS Resolution No. 2017 -PZ03 Application Applicant's Narrative Property Location Map Tent Location Map Tent Layout Drawing Lease Agreement Certificate of Flame Resistance Material Safety Data Sheet Product List RESOLUTION NO.2017 -PZ03 A resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota, Whereas, a proposal (Case # 2017 -0501) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting and Interim Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue NE., Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: An Interim Use Permit to allow for the operation of a seasonal fireworks sales tent on the subject property. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City of Columbia Height's Zoning Code on May 2, 2017; Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Interim Use upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Planning and Zoning Commission of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales occurring on the property. City of Columbia Heights— Planning and Zoning Commission Resolution Page 2 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. The fireworks tent shall be accessory to a commercial use. 4. Fireworks tents located within the public right -of -way are prohibited. 5. All goods shall be displayed on a designated impervious surface area. 6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible from adjacent residential properties. 8. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 9. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. The tent must be anchored to withstand 90MPH /3Second wind gusts. Any electrical use will need a permit and is required to be inspected by the State Electrical Inspector. ORDER OF PLANNING AND ZONING Passed this 2 "d day of April, 2017. Offered by: Seconded by: Roll Call: Marlaine Szurek, Chair Attest: Shelley Hanson, Secretary on am, 606 a inc C 1625 County Road 10 Ste D + Spring Lake Park, MN 55432 Phone: 612 -638 -7643 + www.renaissancefireworks.com Cityof lbur,o, lg Welcome to the 2017 Fireworks Season! Enclosed you will find the 2017 permit a plications for Renaissance Fireworks Inc. for the location of G� 1,� NV � , IL . If you have any questions or we have missed anything, please don't hesitate to give us a call /email. Our Certificate of Insurance will follow. We look forward to working within your city again! Sincerely, r 1 r Amanda Stone amanda@serenityventuregroup.com Cell: 651- 308 -9326 CITY OF COLUMBIA HEIGHTS INTERIM USE APPLICATION To be filled out by City, CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(1) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: � a "r #,.x v. { c.♦ a .4 -: , To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: PRESENT USE OF PROPERTY: USE OF 4an M REASON FOR REQUEST (please attach a written narrative describing the intended use of the p p a A justification for your request. Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT r \;V�l 1�,1C �A l/ Anl ^ , PHONE LQ FAX E -MAIL ADDRESS CITY FEE OWNER OF PROPERTY CELL # lU �� n �nf) STATE J�kN ZIP ADDRESS HONE CITY �M,tM STATE ZIP 56'_3` A Page 1 of 2 CITY OF COLUMBIA HEIGHTS INTERIM. USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. FIRE DEPARTMENT APPROVAL MAY ALSO BE REQUIRED AND MUST MEET FIRE CODE REQUIREMENTS SET BY THE FIRE CHIEF OR CONTAINED IN THE "CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings A. SuDmlttals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $250.00 Interim Use Permit Fee TOTAL AMOUNT RECEIVED $ w,�11 � CITY RECEIPT NUMBER (pc{9gLf DATE RECEIVED shbi 1"1 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia .I z--C � 4 Mwbek.K-- C i �• i � 131 11 COMMUNITY DEVELOPMENT STAFF MEMB R AND TITLE DATE Revised: 2007 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on _ Page 2 of 2 on Q►59Qfit.1` 1625 County Road 10 Ste D ♦ Spring Lake Park, MN 55432 Phone: 612 - 638 -7643 ♦ www.renaissancefireworks.com March 22, 2017 City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Re: Interim Use Permit To Whom It May Concern: Renaissance Fireworks, Inc. (RFI) is the largest Minnesota owned and operated company in the fireworks business. For over 15 years we have been a part of Minnesota's 4th of July celebrations and run 25 -30 retail sites throughout the Twin Cities. RFI is proposing to operate a temporary retail site at the address: 4005 Central Ave, Columbia Heights, MN 55421. The site will consist of a sales tent measuring 20 feet by 40 feet and be operated by a minimum of two contracted workers. A list of products that will be sold is attached. The tent will be set up between June 16th, 2017 and June 22nd, 2017 and taken down between July 6th, 2017 and July 12th, 2017. The dates of fireworks sales will be from June 23rd, 2017 to July 5th, 2017 during the hours of 9am to 10pm. Thank you. Sincerely, Amanda Stone amanda@serenityventuregroup.com Cell: 651- 308 -9326 A 4 Location Map �.-v - - - - A, t'� W" U3 fib a lot AVE NE for. m t ir Scale lTim 40TH A y � r r 6 w Z. 1 in., > {. a a ty + ty 65 41stAve w`d•r. , � •. as � l �:or r ar�eH'A � �a4 i•� �H" i e °v ° � t V 40th Ave NE Y Columbia Heights Center - 4005 Central Ave. Columbia Heights, MN Ave NE aP'at Amt. l�syti ?�� 4 ��'B � '�"�• 9. > TEr19' or !V Renaissance Fireworks Inc. TEMPORARY LEASE AGREEMENT THIS FIREWORKS STAND AND LEASE AGREEMENT is made between Pro a chimer erein referred to as the `Landlord" h d Landlord: Columbia Heights Center, LLC w ose a d�ca, ,,: Phone Number. 952- 944 -1665 Address: Contact: 14575 Martin OriveSuite200 Robert Grootwassink Eden Prairie, MN 55344 Tim McLaughlin Federal Tax ID or SS Check Payable: y - I4a �! fi.s Site Information Property Name: one Number: Columbia Heights Center 952 -944 -1665 Address: Contact: 4005 Central Ave Tim McLaughlin Columbia Heights, MN 55421 M Renaissance fireworks, Inc. (hereinafter referred to as the "Tenant'), whose address is: 1625 County Highway 10 Suite D Spring Lake Park, MN 55432 LEASE OF PROPERTY Landlord leases to Tenant the property described above at the location shown on attached EXHIBIT A, which exhibit is made a part hereof. The property is to be used for the purposes of housing a temporary sales facility from which the sale of state- legal IAG (Class C) consumer fireworks and novelty items will be conducted in accordance with applicable law. Landlord specifically gives permission to the Tenant to locate a temporary stand, kiosk or tent on the property, which stand, kiosk or tent will be the vehicle from which the products will be sold. Such consumer fireworks shall not be lit, "set off", activated or otherwise used at the property or adjoining center. TERM. The term is for the period: June 23rd, 2017 through July 5th, 2017. Landlord shall allow up to 10 days before and after these dates for set up and tear down. RENT. Tenant agrees to pay rent to the Landlord in the aggregate amount of ONE THOUSAND FIVE HUNDRED ($1,500.00) per year, for the property named above under site information, which amount shall be paid on or before July 21, 2017: TENANT'S PROPERTY All of Tenants personal property shall be on the leased Property at Tenants sole risk. OPERATORS. The Landlord acknowledges that the Tenant sometimes sublets the sale of the fireworks to independent operators. Landlord approves of all such arrangements, provided that the Tenant is not relieved from any obligations hereunder. Tenant shall be the only temporary stand, kiosk or tent engaged in frreworir sales on property at all times during the duration of this lease. INSURANCE. Tenant shall provide general liability insurance covering the Tenant's, and its subcontractors, use and occupation of the property's, including, without limitation, product liability, bodily injury, personal injury and property damage, on an occurrence basis, with coverage in the aggregate amount of TWO MILLION DOLLARS ($2,000,000.00). The insurance shalt name the Landlord as an additional insured under Tenants insurance policy "as LandIord's interest may appear." Prior to occupancy, Tenant shall deliver a Certificate of Insurance to Landlord evidencing the insurance required hereunder. INDEMNITY. Tenant shall indemnify and hold the Landlord harmless from any claims, including attorneys' fees, in connection with any injury or damage caused to any person or property arising out of Tenant's use or occupancy of the property or any breach by tenant of this agreement. SURRENDER OF PROPERTIES & RIGHTS Tenant agrees to surrender possession of the property to the Landlord upon termination of this agreement in as good condition and repair as the same shall be on the date Tenant Oust occupies the properties under this lease agreement -- ORDINARY WEAR AND TEAR EXCEPTED. The Tenant shall make any and all repairs necessary to restore any portion of the property where such restoration is necessitated by the Teuant's use of the property. CHANGE IN LAW. ht the event that the sale of consumer fireworks is prohibited for any portion of the tern by any level of judicial, legislative or executive law, order, rule or regulation, this lease shall, upon notice from the Tenant to the Landlord, terminate, whereupon any advanced rental payment shall be returned to the Tenant on a pro rata (number of days of term occupied) basis and the Tenant shall be relieved from any further liability hereunder. PERMITTING. This agreement is contingent upon Tenant securing all required local and state licenses and permits to sell IAg (Class C) consumer fireworks on the leases premises. If Tenant is unable to secure such license and permits this lease agreement will become null and void. Tenant shall not take possession of the property until such required licenses and permits have been secured. PRO—PERTyb If the property is inaccessible or unusable due to construction or the like, then this lease is subject to revision. ENTIRE AGREEMENT This lease agreement and any incorporated exhibits of attachments contain all of the agreements between the parties and cannot be modified in any manner other than by an agreement signed by the parties with the same formalities attendant to the execution of this lease agreement. Each agreement, term and provision of this lease agreement shall be construed to be a promise, covenant and condition. PROVISIONS BINDING. The agreements herein shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, successors and assigns of the parties. 2 IN WITNESS WHEREOF, the Landlord and Tenant have executed this lease agreement, each party acknowledging receipt of an executed copy hereof. Landlord: Columb' ights Center, LLC By: / Ov/ ame: Title: Date: Tenant: Renaissance Fireworks, Inc. 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Product List 'products subject to change due to availability. 9.99 BOGO Fountains Packaging Units per Case Case Weight (Ibs) 121 Classic Show 3671 36 33 25 Crackling Rose_ 36/1 36 13 Intrepid Flame 36/1 36 13 Whistling Color Cuckoo 36/1 36 28 19.99 BOGO Fountains Packaging Units per Case Case Weight (Ibs) -- BonzaiPipeline 24/1 24 37 Festiva 24/1 24 23 Firefly 24/1 24 29 FooPs Gold 24/1 24 22 Royaltini 24/1 24 24 Sassy Lassie 24/1 24 29 Vision Me 24/1 24 26 29.99 BOGO Fountains Packaging Units per Case Case Weight (Ibs) i Breathless 18/1 18 32 Digital Garden 20/1 20 17 Dragon Eyes 20/1 20 17 Fire and Flash 12/1 12 31 Hot Roll 16/1 16 45 Magic In The Garden 18/1 18 36 Mesmerize 24/1 24 32 -_-Picture Perfect 12/1 12 21 Spring Fest 12/1 12 22 39.99 BOGO Fountains Packaging Units per Case Case Weight (Ibs) Fish out Of Water Lemon Chero /Lemon Lime Delight _ Royal Garden Worlds Highest /Strongest 12/1 12 35 12/1 121 29 12/1 121 33 18/1 181 42 reuwgmg I units per Case Assortments _it3 Novelty Assortment 24/1 24 All Star Bag /Kids Delight 36/1 36 1 Case Weight (Ibs) 39 Economy FjTray Tray 16/1 In x N5 12/1 Jumbo Value FTray 4/1p #3 9/1 Mountains ains 1/1 Part Fun 1/1 Party Bag of Fun anome 1/1 Super Value FTray 6/1 Grab and Go Fountains — _-_ - -- #3 Cone Barrels of Fun - - -- Cuckoo HN90 Fountain Jack In The Box _ Killer Bees - - -- - - Royal /Grand Packaging 16 32 12 35 4 47 9 21 1 5 1 7 1 9 6 1 31 Units per Case Case Weight (Ibs) 144/1 144 42 72/2 72 14 24/6 144 28 18/4 72 15 30/6 180 25 24/4 96 18 96/1 96 16 Novelties Packaging Units per case Case Weight (Ibs) 36" Morning Glory 5 Assorted Color Smoke Balls 8" Sparkler Crackling Balls Flashing Signal Ground Bloom Flower Jumping Jack - Magic Whip S Tank Sliders Snakes Snaps _ Tank with Star Finale Fountains Behemoth Botanical Blast Crackle Storm Dark Science Hot Lava - Lava Lamp Impossible Dream National Treasure One Big Fountain One Unbelievable 72/6 72 23 20/6/12 120 40 24/12/6 288 12 4/48/6 192 18 12/24/6 288 34 20/12/6 240 28 20/48/12 960 22 48/12 576 30 48/1 48 19 6/50/12 300 16 144/6/6 144 13 6/50/50 300 13 40/12 480 25 racKagmg Waking The Deaf 4/1 2 units per Case Case weight (Ibs) 9 39 4 18 4 31 6 18 6 2S 6 33 6 31 4 33 4 49 4 38 4 30 RFI 2017 Metal Storage Containers for use at temporary fireworks retail sites Supplied by Dart Storage