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HomeMy WebLinkAboutCLE201900179 Application 2019-08-23(0 :�7�oo,-&y3 Application for Zoning Clearance"`-T CLE # PLEASE REVIEW ALL 3 SHEETS OFFICE US ONL Check # Date: Receipt # Staff: PARCEL INFORMATION r Tax Map and Parcel: 64 l vo - OV -da --t 3 l o o Existing Zoning�- Parcel Owner: �_j �S Ef { N �'f �� J �2 t V" �2o�e `� S SeuAW �c Parcel Address: �� d City State Zip (include suite or floor) PRIMARY CONTACT / Who should we call/write concerning this project? C , G- �L i ry Address : City State Zip Office Phone: 4Gt yY�47G3 Cell# Scq_L!/p- 7/51ax# E-mail APPLICANT INFORMATION Check any that apply: Change of ownership Change of use Change of name New business � / Business Name/Type: ,'2 S1-tom LL C Previous Business on this site )i✓ kl- - Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehicles, and any additional information that you can provide: Se_l �-kokc-< 5'04 S 64< 0.2 *This Clearance will only be valid on the parcel for which it is app oved. If you change, inte sify or move the use to a new location, a new onin Clearance will be required. r I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided he best of my knowledge. I have read the conditions of approval, and 1 understand them, and that I will abide by them. is true and accu7W, Signature C Printed (�v_ ,4_ 6,01, vJ APPROVAL INFORMATION [ ] Approved as proposed [ ] Approved with conditions [ ] Denied [ ) Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977-45 11, x 117. [ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing site plan. [ ] This site complies with the site plan as of this date. Notes: Building Official '" Date ZZ 19 Zoning Official Date Other Official Date County of Albemarle Department of Community Development by the f'ktE 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Commur. aBtf' 7 0 Revised 11 /1/2015 Page 2 of 3 `:lft_; r C 2Ulr?`f7C 1/ K KI >e 1C. Intake to complete the following: Y 5) Is use in LI, HI or PDIP zoning? Engineer's Report (CER) packet. If so, give applicant a Certified Y Wi ere be food preparation? If so, give applicant a Health Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATE Reviewer to complete the following: Square footage of Use: ` 6oIT l jet / 211kCl �N ��� pp� �— Permitted as: �1G ,U i Under Section: Supplementary regulations section: Circle the one that applies Parking formula: Is parcel on private well or public water? If private well, provide Health Department form. Zoning review can not begin until we receive approval from Health Required spaces: % `C Dept. FAX DATE Circle the one that applies Is parcel on septic or public sewer? 1 N Will you be putting up a new sign of any kind? If so, obtain proper Sign permit. Permit # r Y/N W Will there be( any new construction or renovations? If so, obtain the proper Permit. Permit # Zoning to complete the following: Violations: Y/N If so, List: Proffers: Y/N If so, List: Variance: Y/N If so, List: SP's: Y/N If so, List: Clearances: SDP's Revised 11/1/2015 Page 3 of 1-1 0 Lj �z < < >1 :D Z ry) r, o o ZY L WAS H I N GTO N PARKING LOT LICENSE AGREEMENT PRIME GROUP' CHARLOTTESVILLE FASHION SQUARE This PARKING LOT LICENSE AGREEMENT (this "Agreement") made effective as of by and between the parties identified in Section 1 as Licensor and Licensee, also referred to as a "Party" and collectively, the "Parties". In consideration of the covenants and conditions hereinafter set forth, Licensor and Licensee hereby covenant and agree as follows: 1. PARTIES LICENSOR: Charlottesville Fashion Sauare. LLC Charlottesville Fashion Square ("Center") 1600 E. Rio Road Charlottesville, Virginia 22901405 LICENSEE: Star South Steak Companv. LLC D.B.A. Star South Steak Company, LLC Null Columbia, MS 39429 Attn: Carroll Gatlin (504) 810-7139 2. GRANT OF LICENSE 2.1. License. Licensor hereby grants to Licensee a non-exclusive license to use the Space, as defined in Section 2.2 for the sole purpose set out below (the "Event" or "Permitted Use") on the dates and during the times set out in Section 2.3, subject to the terms and conditions set forth in this Agreement and the Event specific rules and guidelines set out in Exhibit "B" attached hereto and forming part of this Agreement (the "Event Rules and Guidelines"). Permitted Use/Event: the retail sale of boxed steaks by Star South Steak Company 2.2. Space. Licensee shall have the right to use that certain portion of the Center parking area designated for Licensee's use by Licensor, as shown on Exhibit "A" attached hereto ("Space'). Licensee must submit to Licensor for Licensor's approval a complete layout prior to the move -in date set out in Section 2.3 below or as otherwise agreed to by the Parties (the "Move -In Date"), which agreement may be made via email. Licensor shall have the right to change the layout and set-up of the Space. Licensee shall provide, at its own cost, all equipment necessary to operate in the Space. 2.3. Relocation. Notwithstanding the foregoing Section 2.2, Licensor reserves the right to change the Space and relocate the Licensee to a different Space at the Center, in its sole discretion, acting reasonably. If Licensor requires Licensee to relocate after the Move -In Date, Licensor agrees to pay all reasonable documented, out-of-pocket costs incurred to effect such relocation. 2.4. Key Dates and Times. Licensee shall use the Space for the Permitted Use on the following dates and during the times set out below or such times as agreed to by the Parties ("Hours of Operation"). Any changes to Hours of Operation must be approved in advance by Licensor. Event Date Start Time End Time Move -In Date I Move -Out Date 08/14/2019 10:00 AM 7:00 PM 08/14/2019 - 7:30 AM 1 09/15/2019 - 7:30 PM 3. TERM AND TERMINATION. Commencement Date: 08/14/2019 Expiration Date: 09/15/2019 3.1. The term (the "Term") of this Agreement shall commence on the Commencement Date, and shall expire at 11:59 p.m. on the Expiration Date. 3.2. Notwithstanding the foregoing to the contrary, Licensor may terminate this Agreement (i) in its sole discretion and with or without cause, upon fifteen (15) days prior written notice delivered to Licensee at Licensee's address set out in Section 1: and (ii) in the event Licensee is in Default (as defined herein), Licensor may terminate this Agreement at any time pursuant to Section 10. 4. LICENSE FEE AND PAYMENT. 4.1. License Fee. As consideration for the license granted in this Agreement, Licensee shall pay to Licensor, without demand, set-off or counterclaim, the fee set out below (the "License Fee"), payable pursuant to Section 4.2. Due Date License Fee 08/14/2019 $ 3,006.00 License Fee Total: $3,006.00 Deal ID: WPG-035515 the state in which the Center is located; and (d) Automobile Liability insurance in a minimum amount of $2,000,000 each accident, covering all owned, hired or non -owned vehicles used in the furtherance of this Agreement, if applicable. Licensee's insurance policies(collectively, "Licensee's Policies"), shall be written with insurers licensed to do business in the state in which the Center is located, in a form satisfactory to Licensor and shall carry an A.M. Best rating of at least A-. With the exception of Workers Compensation, Licensee's Policies shall name Licensor, its parent and any related affiliates or subsidiaries and their employees as additional insureds and shall provide Licensor with no less than thirty (30) days prior written notice of cancellation or non -renewal. Licensee's policies shall also reflect that in the event that coverage benefiting Licensor exists under Licensee's Policies, coverage under the Licensee's Policies shall be primary and non-contributory. Licensee may achieve the above limits through a combination of primary and umbrella policies. 7.2. Liquor Liability Coverage. If alcoholic beverages are served, sold or otherwise distributed in, on or at the Space, Licensee shall carry, at its sole cost and expense, liquor liability insurance for the benefit of Licensor and Licensee against claims for bodily injury, death or property damage resulting from or arising out of the sale, distribution, service or consumption of alcohol (liquor, beer or wine) from the Space of not less than $3,000,000 per occurrence in respect of such personal injury, death or property damage. Licensee may achieve such limits through a combination of primary and excess policies. Licensee'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 Licensor and shall carry an A.M. Best rating of at least A-. 7.3. Certificates. Licensee shall provide Licensor with a certificate of insurance (ACORD 25) prior to the date of occupancy by Licensee; and, within thirty (30) days of each anniversary of Licensee providing such proof of insurance. 8. MUTUAL WAIVER OF SUBROGATION. Licensor and Licensee 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 Agreement, 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. 9. WAIVER OF LIABILITY. Licensor and the Licensor Parties shall not be liable to Licensee for, and Licensee waives all claims for loss or damage, including, but not limited to consequential damages, to person, property or otherwise, sustained by Licensee or any person claiming through Licensee resulting from any condition, accident or occurrence in or upon the Space, or any other part of the Center. There shall be absolutely no personal liability of Licensor with respect to this Agreement. If a breach by Licensor occurs, Licensee shall look solely to the value of the consideration paid by Licensee to Licensor for the satisfaction of Licensee's remedies. 10. DEFAULT AND TERMINATION. The failure of Licensee to fulfill or perform any obligation, term or condition of this Agreement shall be a default ("Default"). If Licensee is in Default, Licensor may pursue such remedy as is provided for in Section 3 of this Agreement and Licensor may pursue any other remedy or remedies available to Licensor at law or in equity. Licensor shall not, under any circumstances, be obligated to accept any payments and/or to allow Licensee to cure any Default hereunder. Licensor may pursue any damages (including, but not limited to Licensor's reasonable attorney fees and legal costs and expenses) and/or any other losses sustained by Licensor as a result of Licensee's Default. Without limiting Licensor's rights and damages under the terms of this Agreement or applicable law, if Licensor exercises its right to recover possession of the Space, the Parties specifically agree and acknowledge that Licensor shall be entitled to recover from Licensee monetary damages equal to Licensor's costs in facilitating such recovery. 11. PERMITS AND COMPLIANCE. Licensee shall obtain, prior to the Commencement Date, any licenses, authorizations, or permits required by any governmental agency or authority for the Permitted Use and for any type of activity to be carried on at or the Space. If the Event is shut down by any government agency for any reason, Licensee shall not be entitled to a refund of any fees paid. Licensee shall, at its own expense, comply with all laws, orders, ordinances and with directions of public officers thereunder as well as the Event Rules and Regulations and any other direction of Licensor regarding the use of the Space. 12. ALCOHOL CONSUMPTION, SERVICE AND SALE PROHIBITED. The consumption, service or sale of alcoholic beverages on or from the Space or the Center by Licensee, its employees, agents, contractors, or invitees is strictly prohibited, unless otherwise agreed to in writing by the Parties. 13. SECURITY, SUPERVISION AND CONTROL. Licensee shall at all times during its occupancy of the Space provide sufficient supervision and maintain adequate control of its employees, guests, customers, and invitees while the same are at or about the Center, so as to prevent unlawful or offensive actions and actions which are a breach of this Agreement. In addition, Licensee assumes full responsibility for the protection of the Space, Licensee's employees, invitees, licensees, guests and customers against the acts of third parties, and will indemnify, defend, and hold harmless Licensor from any such claims made by the above specified persons of any damages, including reasonable outside attorneys' fees, resulting therefrom. 14. SIGNAGE. All signage and/or other display materials used in the Space must be of professional quality and approved by Licensor prior to use or display. Hand-written signage is not permitted. Licensor reserves the right to remove, alter or relocate signage or display materials at Licensor's sole discretion and without consequence from Licensee. 15. MAINTENANCE OF SPACE. Licensee shall maintain the Space, at its sole cost and expense, in good, clean and safe condition and make all necessary replacements and repairs to the Space except for structural repairs. 16. HAZARDOUS MATERIAL. Licensee shall not cause or permit any hazardous material to be brought upon, stored, kept, used, or discharged on or about the Space. Deal ID: WPG-035515 IN WITNESS WHEREOF, the undersigned parties hereto have caused this Agreement to be duly executed by their authorized repres@ntatives. LICENSOR CHARLOTTESVILLE FASHION SQUARE, LLC, a Delaware limited liability company By: WASHINGTON PRIME GROUP, L.P., an Indiana limited partnership, its sole member By: WASHINGTON PRIME GROUP INC., an Indiana corporation, its general partner Bv: Print Name: Title: Date: LICENSEE STAR SOUTH STEAK COMPANY, LLC Mississippi Limited Liability Company D.B.A. Star South Steak Company, LLC By: Print Name: Title: Date: Deal ID: WPG-035515 5 EXHIBIT B EVENT RULES AND GUIDELINES These Event Rules and Guidelines are attached to and form part of an Agreement between Licensor and Licensee, in the event of a conflict between the terms of these Event Rules and Guidelines, the Agreement, the terms of the Agreement shall govern. Capitalized words not defined in these Rules and Guidelines shall have the meaning assignment to them in the Agreement. 1. Management and Staffing. Licensee will maintain an onsite management "office" at the Space and/or have management representation present and accessible in the Space during all Hours of Operation. In addition, Licensee shall have sufficient staff for Move -In, Move -Out and all aspects of the Event during all Hours of Operation. 2. Set -Up. Licensee may not commence set up of the Space prior to the Move -In Date. Licensee shall provide Licensor with 24 hours prior notice of its time of arrival to the Space. At all times, Licensee will conduct its activities in a manner that does not hinder the activities of Center patrons in any way. 3. Anchoring and Parking Lot Surface. The use of stakes in asphalt surfaces is strictly prohibited. Parking Lot Surface is to be left in the same condition as was provided to Licensee. If any damage should occur to the surface of the Space, it is the sole responsibility and expense of Licensee to restore the surface to its original condition and to the satisfaction of Licensor. Licensee is required to use a non-destructive anchoring system designed to handle the live, dead and wind loads of the item to be anchored, such as: concrete counter weights, water -filled counter weights utilizing barrels, jersey barricades or any other system recommended by a safety/structural engineer. 4. Security. Theft, loss or damage to equipment or property is the sole risk and responsibility of the Licensee. Licensee will provide security at its own expense during all Hours of Operation. Security to be attired in identifiable jackets. The number of security personnel must be approved in advance by the Licensor. No armed guards will be permitted. 5. Maintenance and Trash. Licensee shall maintain the Space in a clean, safe and tidy condition. Specifically, Licensee shall clean up the Space nightly at the close of business. Licensee shall dispose of trash only in the areas designated by Licensor and shall break down all boxes and bag all loose trash before disposal. Licensee shall provide a dumpster for Licensee's exclusive use and shall locate the dumpster in the area approved by Licensor. If a separate dumpster is not provided by Licensee, Licensee will reimburse Licensor for any additional charges incurred for trash disposal. Licensee shall not dump raw sewage or grease in storm drains. 6. Noise. Licensee shall comply at all times with applicable noise ordinances. 7. Utility. Licensee will provide electricity and phone service to the Space, as necessary, at its own expense. 8. Water. Water, if necessary and where available, shall be set up and metered at Licensee's expense. 9. Portable Toilets ("Porta-Lets"). Licensee shall provide, at its expense, an adequate number of portable toilets for use by the public and place them in areas pre -approved by Licensor. Licensee shall keep the portable toilets clean and well stocked with toilet paper at all times. 10. Vehicles and Parking. Licensee shall not park any large trucks or other vehicles which exceed the size of an individual parking Space, including ride transportation vehicles, except in the designated area approved by Licensor for such vehicles. No campers, mobile homes or other vehicles used for lodging purposes will be permitted on the parking lot. Violations of this provision will be fined $500.00 per occurrence. 11. Employee Conduct. Licensee agrees that all employees or agents of the Licensee working in the Space shall behave in an appropriate manner, treating customers in a courteous and hospitable manner at all times. Licensee and its employees shall wear suitable attire for conducting business. No bathing suits, tube tops or halter -tops are allowed. Shirts and shoes must be worn at all times. Employees are prohibited from using the Center bathrooms for bathing purposes. No alcoholic beverages are permitted anywhere on the Center property. No drugs or alcohol shall be consumed and no vulgar language used on the Center property. Licensor reserves the right to require the immediate removal of any individual that behaves in a manner contrary to these Rule and Guidelines, in the sole discretion of the Licensor. 12. Unlawful Activities and Alcohol. No unlawful activities shall be permitted at the Space. The consumption, service or sale of alcoholic beverages on or from the Space is strictly prohibited. 13. Promotion. The Licensee will contact the Center marketing director to coordinate advertising and any possible tie-ins with the Center. 14. Advertising and Signage. All advertising and signage must be approved in advance by Licensor, including, but not limited to, the format and content of any and all promotional, advertising and display materials, such approval not to be unreasonably withheld. There will be no third -party advertising or promotion whatsoever. Signage must be professionally produced and at no time will hand written signs be permitted. Licensee must immediately remove any signage when requested by the Licensor. The Licensee is responsible for any and all local advertising including, but not limited to, newspaper, radio, and television. 15. Misrepresentation. The Licensee and its employees shall represent their business, product and organization in an honest manner. Misleading customers, or not providing complete and correct information about a product, game or ride is prohibited. 16. Licensor's Right to Exclusion. Licensor reserves the right to require the Licensee to remove any component of the Event located in the Space for any reason, in the sole discretion of the Licensor.