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HomeMy WebLinkAboutCLE201500156 Application 2015-09-03Application for Zoning Clearance CLE # O 115 -�� OFFICE USE ONLY 2A -7/--L4] l 5 PLEASE REVIEW ALL 3 SHEETS Check # Date: Receipt # Staff.. PARCEL INFORMATION Tax Map and Parcel: C)o— 0 C) r C) It 0 Existing Zoning Parcel Owner: ®� (YI Ss DY' I (`T (Q a- Q-. Ovkm O v\A -rya l`Dle�%/9t�atteVA Zip Parcel Address: C ty 1r (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project?erp�I l� Address: 7 GI A k+a-Vi5� City C , I o ll V'J,. a 11 "t- Zip`1-:2111O Office Phone: &Mof � a' Cell # Fax # E-mail e lms sf o ir�>°•t�lYyl t5Y►^_i S 1.e APPLICANT INFORMATION ot Check any that apply: Change of ownership Change of use Change of name New business Business Name/Type; Previous Business on this site Mo U Ih M D vzteS&G�- I 1_r" t d, A e S Gti e{ u: 4 J& I Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehi les, and any additional information that you can provide: l%1 S . L P ;.e,6-1 i S 'r ail � v -vi ADO v1 ear �ulre tau e e yav4iAn 5c4Ae4vlleS- r ryou C10.5A-;10-1" *This lea ce will only be valid on a parcel for w ich it is app ved. change, intensify or move the use to a new location, a new Zoning Clearance will be required. 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 is true and accurate to the best of my knowledge. I have read the conditions of approval, and I understand them, and that I will abide by them. ^� 6� ``�i Signature Printed T� • APPROVAL INFORMATION [Approved as proposed [ ] Approved with conditions [ ] Denied [ ] Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977-4511, x117. [ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing site plan. [ J This site complies with the site plan as of this date. Notes: Building Official Date �('-I L' Zoning Official Date u fli Other Official Date County of Albemarle Department of c:ommuntry Peveiopment 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/1/2011 Page 2 of 3 rvN et^ PA Intake to complete the following: Y /© Is use in LI, HI or PDIP zoning? If so, give applicant a Certified Engineer's Report (CER) packet. Y/N Will there 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 Circle the one that applies 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 Dept. FAX DATE Circle the one that applies Is parcel on septic or p Osewer? YIN Will you be putting up a new sign of any kind? If so, obtain proper Sign permit. Permit # Y/N Will there be any new construction or renovations? If so, obtain the proper Permit. Permit # ZoninLy to complete the following: Reviewer to complete the following: `j Square footage of Use: a., -6W so, T, - 4 1e/ Nl ermitted as: Ir Under Section: Supplementary regulations section: Vio •ons: Y I N If ist: Proff YI If so, tst: Variance: Y/N so, List: SP's: If Aist: YIf Clearances: 9 SDP's Revised 7/1/2011 Page 3 of 3 CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany zoning applications (Home occupation, Zoning Clearance, Zoning Administrator Determinations or Appeals, Sign Permits, Building Permits) if the application is not tine owner. I certify that notice of the application, t C &-A� 0 P1 Y —2—o V-1 Ce [County application name and number] was provided tothe ownet of record of Tax Map [name(s) of the Mcord owners of the parcel and Parcel Number 0:1 (9'd 0 — D©' © 0 ` 0 � � Bd%y delivering a copy of the application in the manner identified below: T �n Hand delivering a copy of the application to [Name of the re rd owner if the record owner is a vcte S S I -r,; person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on -7IaHI 1� Date Mailing a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on Date to the following address: [address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. Signature of Pplicant Wendu 1?. Eisticr_ Print Applicaht Name -i124lly Date A A LEASE AGREEMENT This Lease Agreement (the "Lease") is made and dated as of July 2, 2015, by and between the Landlord and the Tenant named below. ARTICLE 1 - BASIC LEASE TERMS For the purposes of this Lease, the following terms shall have the meanings set forth below: 1.1. Landlord means Mountaintop Montessori, Inc., it successor, or any successor -in - interest. 1.2. Tenant means The Front Porch Cville. 1.3. Property means the Middle School Building of Landlord located at 1462 Richmond Road, Charlottesville, VA 22911. The Building, along with the rights to use any parking spaces located adjacent thereto is referred to as the "Property" or "Leased Premises". 1.4. Lease Term means the period of time beginning August 21, 2015 (the "Term Commencement Date") and running through August 2, 2016. 1.5. Rent Commencement Date shall be the earlier of the date Tenant begins operating its business in the Leased Premises or the Term Commencement Date referred to in Section 1.4. month. 1.6. Base Rent. During the first year of the Lease Term, Base Rent is $1,000.00 per 1.7. Security Deposit. $1,000.00 1.8. Addresses. See signature page. 1.9. Permitted Use. The property may be used for musical instruction, music workshops, community jams, and all such other similar and related uses which do not otherwise constitute a nuisance (either legal or as that term is more commonly understood) to Landlord and/or the public. 1.10. Common Areas. All areas situated on or in the Property which are designated by Landlord, from time to time, for use by all tenants of the Property in common.. ARTICLE 2 - GRANTING CLAUSE, RENT, AND OTHER OBLIGATIONS 2.5. Security Deposit. Tenant, concurrently with the execution of this Lease, has deposited with Landlord the Security Deposit to be held by Landlord as security for the faithful performance by Tenant of the provisions of this Lease, but may not be deemed by Tenant to constitute rent for any month. When Tenant has vacated, the Security Deposit shall be refunded, without interest, and less all proper charges. In the event of default by Tenant on any of the terms of this Lease, including, without limitation, nonpayment of rent, failure to maintain the Leased Premises, or failure to clean and return the Leased Premises in proper condition, then Landlord may apply all or any portion of this sum to the expense of mitigating such breach, in addition to all other remedies available to Landlord hereunder. 2.6. Termination. Landlord may elect to terminate this Lease at any time by providing Tenant sixty (60) days written notice. Landlord anticipates that such termination will only be necessary in the event construction currently scheduled for the summer results in substantial disruption to the parking lot, and will work with Tenant to minimize any such disruption so as not to require termination. ARTICLE 3 - OCCUPANCY AND USE 3.1. Use. The Leased Premises shall be used and occupied only for the purposes as set forth in Section 1.9. Occupancy of the Leased Premises shall be deemed to be acceptance thereof. Tenant, at its expense, shall comply with all applicable legal requirements and with the rules and regulations of the Property adopted or amended from time to time by Landlord. If Tenant is not complying with such legal requirements, rules and regulations, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant's obligations at Tenant's expense. 3.2. Entry. Landlord or its authorized agents shall at any and all reasonable times have the right to enter the Leased Premises without liability therefor. 3.3. Environmental Matters. Tenant shall not place or introduce into the Leased Premises or Property any Hazardous Material (defined below). Tenant agrees to indemnify, defend and hold Landlord, its officers, directors, employees and agents harmless as to any claims, demands, causes of action, costs, expense (including, without limitation, attorneys' fees and court costs) or liabilities to the extent caused by, directly or indirectly relating to, or arising from any Hazardous Material placed or introduced into the Leased Premises or Property by Tenant. As used herein (i) the term "Hazardous Material" means any substance, whether solid, liquid or gaseous, which is or becomes defined or regulated as hazardous or toxic, or which requires special handling or treatment, under any applicable Legal Requirement; and (ii) the term "Legal Requirement" means any federal, state or local law, statute, ordinance, code, rule, regulation, license, permit, authorization, decision, order, injunction or decree, as any of the same now exists or may be changed or amended or come into effect in the future. The indemnification contained in this Section 3.3 shall survive the termination of this Lease. 5.4. Fixtures. Tenant may install any fiirniture, fixtures and equipment necessary to the conduct of its business, and the same shall remain its property, provided they be removed before the expiration of the term. In the event any damage is done to the Leased Premises in such installation or removal, Tenant will promptly reimburse Landlord for the cost of such repairs as are necessary to restore the Leased Premises to their original condition. Any furniture, fixtures and machinery not so removed before expiration of this term or any extension thereof shall be deemed to have been abandoned by Tenant and shall become Landlord's property. Landlord shall have alien upon Tenant's property in the Leased Premises to secure Tenant's performance of its obligations under this Lease. ARTICLE 6 - CASUALTY AND INSURANCE 6.1. Damage. Tenant, at its expense, will maintain fire insurance with extended coverage on the Leased Premises in the amount of the full replacement. cost of the Leased Premises. All proceeds of such insurance are payable solely to Landlord. Prior to the commencement of the Lease Term, Tenant will deliver to Landlord a certificate that such insurance is in effect as of the beginning date of the term, and a new certificate at least ten (10) days in advance of each renewal date. To the extent Iosses incurred for any damage to the Leased Premises, however caused, are paid from the net proceeds of any insurance required by this Section, no claims shall be made and no suit shall be brought by the Landlord or anyone else claiming by, through or under the Landlord against the Tenant. Landlord shall not be obligated in any way or manner to insure any personal property of Tenant. 6.1.1. If the Leased Premises are substantially or totally destroyed by fire or other casualty, then, at Landlord's sole option, this Lease may be terminated and, in such event, the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification. If the Lease is not terminated, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or other improvements (but not any of Tenant's property to substantially the same condition in which they existed prior to the damage and the Lease shall continue, but Tenant's rent shall abate in proportion to the area of the Leased Premises damaged. Any proportionate abatement of rent shall be based on the proportion which the floor area in the space rendered untenantable bears to the entire floor area of the Leased Premises immediately prior to such casualty. 6.1.2. If the Landlord undertakes to restore, rebuild or repair the Leased Premises and such restoration, rebuilding or repair is not accomplished within 120 days, the Tenant shall have the right to terminate this Lease by written notice to the Landlord within 30 days after the expiration of the 120 day period. 6.2. Hold Harmless. 5 taking by notifying Tenant in writing of such termination within thirty (30) days following the date on which Landlord shall have received notice of such taking (and rent shall be prorated to the date of termination of the Lease), or (2) if Landlord does not elect to terminate this Lease, this Lease shall be and remain unaffected by such taking, except that the Base Rent shall be abated to the extent, if any, as provided above. If only a part of the Leased Premises shall be taken and this Lease is not terminated, Landlord will, to the extent it receives cash proceeds from such eminent domain proceeding, restore with reasonable diligence the remaining structural portions of the Leased Premises, as near as practicable, to the same condition as existed immediately prior to such taking. 7.2. Condemnation Award. Landlord shall be entitled to receive the entire award payable by reason of any taking of all or any part of the Leased Premises under eminent domain, including any award made for the value of the estate vested by this Lease in Tenant, and Tenant hereby expressly assigns to Landlord any and all right, title, and interest of Tenant now or hereafter arising in or to any part thereof, and Tenant shall be entitled to receive no part of such award; provided, however, Tenant shall have the right, at its sole cost and expense, to assert a separate claim in any eminent domain proceeding for its personal property, trade fixtures and moving expenses. ARTICLE 8 - ASSIGNMENT OR SUBLEASE 8.1. Assianment. 8.1.1. Tenant shall not assign, sublet, transfer or hypothecate, in whole or in part, this Lease, by operation of law or otherwise, without the prior written consent of Landlord, and in no event shall any such assignment release Tenant or any guarantor from any obligation or liability hereunder. 8.1.2. Landlord's consent to any assignment or subletting shall not be deemed a consent to any subsequent assignment or subletting and any assignee of this lease or subtenant of the Leased Premises shall not further assign this lease or further sublease the Leased Premises without first obtaining the express written consent of Landlord. Tenant shall furnish Landlord with a fully executed counterpart of any such assignment or sublease at the time such instrument is executed. 8.1.3. If Tenant is a corporation, any transfer of this lease by or from Tenant by merger, consolidation, reorganization or liquidation, or the sale or other transfer of a controlling percentage of the capital stock, or a sale of fifty percent (50%) of the value of the assets of Tenant, shall, for purposes of this Lease, constitute an assignment. The phrase "controlling percentage" means the ownership of, and right to vote, stock possessing at least fifty percent (50%) of the total combined voting power of all classes of 7 out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Tenant and receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Leased Premises, including, but not limited, to remodeling and repair costs. 9.2.2. Without declaring the, Lease terminated, Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease; further, Tenant agrees that Landlord shall not be Iiable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this Lease caused by the negligence of Landlord or otherwise. 9.2.3. Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to surrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section 9.2, including (without limitation) loss and damage due to the failure of Tenant to maintain and/or repair the Leased Premises as required hereunder and/or due to the inability of Landlord to relet the Leased Premises on satisfactory terms or otherwise. 9.2.4. If Landlord has made rent concessions of any type or character or waived any Base Rent and Tenant defaults at any time during the term of this Lease, the rent concessions, including any waived Base Rent, shall be cancelled and the amount of the Base Rent or other rent concessions shall be due and payable immediately as if no rent concession or waiver of any base rent had ever been granted. 9.3. Remedies Cumulative..All rights and remedies of Landlord herein or existing at law or in equity are cumulative and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. ARTICLE 10 - MISCELLANEOUS E 10.9. Exhibits. Any and all exhibits to this Lease are attached hereto and incorporated herein by this reference. 10. 10. Amendment. THIS LEASE MAY NOT BE ALTERED, WAIVED, AMENDED OR EXTENDED EXCEPT BY AN INSTRUMENT IN WRITING SIGNED BY LANDLORD AND TENANT. 10.11. Limitation of Warranties. LANDLORD AND TENANT EXPRESSLY AGREE THAT THERE ARE AND SHALL BE NO IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE EXPRESSLY SET FORTH IN THIS LEASE. 10.12. Time is of the Essence. lhe time of the perfonnance of all of covenants, conditions and agreements of this Lease of the essence. EXECUTED by Tenant and by Landlord on the dates set forth below to be effective as of the date set forth in the first sentence of this Lease. LANDLORD: MOUNTAINTOP MONTESSORI, INC. ff Date: -7/.Zq i15 By: WE611164 K. 'E"Itl Landlord's Address: q 6 n n a c I e el a c e - Name: Mau+n+aiyn-ka,p rY crntcssari Charl044e%�iji llc, VA__ Title: a c, i 9 -?,g I -[- TENANT: THE FRONT PORCH CVILLE 9- � &Yom- Date: a3 I f 5 By: r i So Vk Tenant's Address: rf D I A I }- V I S - Name: �, PO--*-C,�% kekt-f Qt ec-y; )1e _ 0. Title: C C- t/ -hV--f- ID i r L C-tw' _ 22:L 2