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CO-0156-2021 � CERTIFICATE OF OCCUPANCY ONLY Office Use Only Permit#: APPLICATION r ' Permit Fee:$ 742 Bay Road,Queensbury,NY 12804 Invoice#: OrD 2,1 P:518-761-8206 or 518-761-8205 Www.Queensbu_Ir API **This application is for occupancy only, with no work requiring a building permit** BUSINESS INFORMATION: � CE Name of business: -` Vxwr 1m -FXeR vvo�� Business Address (including suite, space, etc.): �� 2[��1 1HFM 14 q-110 shy 2A2Q I S S_ 2J� TOWN OF QUEENSBURY BUILDING&CODES Detailed explanation of business (attach a separate piece of paper, if necessary): ***Please provide an accurate layout of your space showing all walls, exits, stockrooms, rest rooms, counters and fixtures on a separate sheet of paper*** IMPORANT: The business owner is responsible for keeping exits clear and maintaining exit signs and emergency lights. Fire extinguishers, fire sprinkler systems, and fire alarm systems require annual inspections by an outside contractor and the corresponding documentation must be provided to the Town of Queensbury Fire Marshal's office. Fire extinguishing systems found in kitchens and gas stations require semi-annual inspections. Any violations noted during an inspection require immediate corrective action and a re-inspection. Applicant name: t4ve-C,�NT Applicant signature: Date: Property Owner name: r--A) Property Owner signature: Date: 3-7 zV-LO Z J Certificate of Occupancy Only Revised December 2020 742 Bay Road,Queensbury,NY 12804 P:518-761-8206 or 518-761-8205 www, uetns6_,no CONTACT INFORMATION: PLEASE PRINT LEGIBLY OR TYPE, PLEASE INCLUDE AN EMAIL • Applicant: Name(s): P/yj A.I-ry wt FIR-67W v P-91' Ei}5TL—��✓2EG o.r/ s- Mailing Address, C/S/Z: 2 yyf /3 Earn o�T''��/� a/ovwyS7-0WXJ ors-,o Cell Phone: 'one: 5-/9- a 477 - o y 2-df- Email: k/5gA*-ra0® F'ii/Z�wo� k5,cowt Business Owner(s): i..�aJrzKS' Contact Name(s): III&e,FjaT 5z,,Aa 3a jp a�grvrar� FiQ� c�N' o Mailing Address, C/S/Z: 2 v!vr' Cell Phone: Lax4-1:4ne: Email: 0 Manager: Contact Name(s): .Jo^4&✓ -m yEiZS Mailing Address, C/S/Z: 30 o?,9-y Cell Phone: Land Line: s'! P•- Email: 7-�j,2p ® 0-/Rr l;W-f 9,C DOI • Property Owner(s): Business Name: E A ,�- fl•T �NTc�P.e�sFr Contact Name(s): Zqc, oo ax �s�yiey�aiFoy Mailing Address, C/S/Z: i 47& 67Wi1t-'-,e0 Ny-E 9 Cell Phone: Land Line: 3-1?-&3- o 7 a o Email: 2 itpo�e&L®goc.. C0-01 Contact Person for Compliance in regards to this project: /IAIe- 7— Szj*A o Cell Phone: Land Line: 2,u7 -o 1Vz y- Email: certificate of occupancy Only Revised December 2020 1 �inrr a�e,t}��n:tuar} 742 Bay Road,Queensbury,NY 12804 P:518-761-8206 or 518-761-8205 www•elueensbury net EMERGENCY CONTACT INFORMATION "THIS FORM IS USED TO ASSIST EMERGENCY SERVICE PERSONNEL WHO MAY BE CALLED TO YOUR BUSINESS AFTER HOURS. PLEASE BE SURE THE CONTACTS LISTED BELOW ARE WILLING AND AVAILABLE TO REPSOND DURING OFF-HOURS TO ASSIST POLICE AND/OR FIRE PERSONNEL IN GAINING ENTRY TO YOUR BUILDING." PLEASE BE ADVISED THAT FAILURE TO ASSIST EMERGENCY SERVICE PERSONNEL MAY RESULT IN DAMAGE TO YOUR BUILDING BY POLICE AND/OR FIRE PERSONNEL, Date: Business Name: pteijri'rex4 /Pee' !N G Business Location (including suite,space,etc.): OLA VKN y 5u iTe 3 Business Phone#: 1. Business contact name: _jD1 / V Al L/ep- S Main Phone: ; Secondary Phone: S1 �'�t� " ¢�ye,- 1- 79Z -1092-9 Coming from what town/village? F O f-T 2. Business contact name: (/j1d6 e�af Sigh v Main Phone: ;Secondary Phone: 5- & - Z 4 Coming from what town/village? C'4/P_D TOWN OF QUEENSBURY FIRE MARSHAL'S OFFICE P: 518-761-8206 F: 518-745-4437 `SIRE RSUALO—Q . SDURYNET FIRE MARSHAL MIKE PALMER DEPUTY FIRE MARSHAL GARY STILLMAN Certificate of occupancy Only Revised December 2020 FIRE MARSHAL'S OFFICE Tozvn of Queensbury 742 Bay Road, Queensbury, NY 12804 "Home of Natural Beauty ... A Good Place to Live " PLAN REVIEW Phantom Fireworks 1476 Route 9 CO-0156-2021 3/29/2021 The following comments are based on review of drawings: • Verify function of exit and emergency lighting • Verify paths of egress • Verify storage • CO detection required • Locks and latches shall be compliant w/ Chapter 10 IFC • Verify Fire extinguisher types and locations Michael J Palmer Fire Marshal 742 Bay Road Queensbury NY 12804 firemarshal@queensbury.net Fire Marshal 's Office - Phone: 518-761-8206 Fax: 518-745-4437 -flremarshal@queensburj.net - ZV7M.queensbunl.net Queensbury Building and Zoning We will be opening up in the Old DKNY site suite 3 to sell state legal Fireworks for the 4"of July season We will open on the 4th of June thru the 4th of July the first two weeks we will be only open on the weekends dates of June 4,5,6,and 11,12,13 and then continues from the 18th on to the 41h of July.We will operate totally in the guide line of state 1124 fire codes on operating days our hours will be 10-9 daily Thank You Vincent S abo I W E MAR 2 5 221 TOWN OF QUEENSBURY BUILDING&CODES 288.12-117 CO-0156-2021 Phantom Fireworks 1476 State Rte 9, Suite 3 Certificate of Occupancy DocuSign Envelope ID:AF60E52F-9072-4417-8FEl-064339lF60CE PIIANTom RREWORKs TEMPORARY LEASE AGREEMENT THIS FIREWORKS STAND/TENT AND LEASE AGREEMENT is made between Property Owner(herein referred to as the"Landlord"),whose address is: Landlord: Ed & Ed.T Enterprises Phone Number: 5186830720 Email: zmoorel @aol .com Address: 1476 State Route Nine Queensbury NY 128 4Contact. ZacK Moore Federal Tax ID or SSN: 141696687 Check Payable:Ed & Ed.T Enterprises LLC Site Information Property Name:Log i am outl et Mal 1 Phone Number: 5187921483 Email:zmoo rel @aol.com Address: 1476 State Route 9 Contact: Zack Moore and,PHANTOM FIREWORKS EASTERN REGION,LLC dba Phantom Fireworks(herein referred to as the"Tenant"), whose address is:2445 Belmont Avenue,Youngstown,Ohio 44505-2405,330-746-1064. LEASE OF PROPERTY. Landlord leases to Tenant the location space on property described.above, detailed on attached EXHIBIT A,which is made a part hereof. The lot,parking lot or common area is owned and/or controlled by the Landlord, who warrants and certifies it has full right and authority to lease the location space to the Tenant. The location space is to be used for housing a temporary sales facility from which the sale of state-legal I AG (Class C) consumer fireworks and novelty items will be conducted in accordance with applicable law. Landlord specifically gives permission and the exclusive right to Tenant to locate a temporary stand,kiosk or tent and storage container on the location space to be used for the purposes stated herein. Landlord will permit no other sales of 1 AG consumer fireworks on any of the property not occupied by Tenant. TERM. The term is for the lease period May 28,2021 through ]ul y 13,2021 If the Property is sold to another party at least 90 days prior to the beginning of the lease period,this lease can be voided. Landlord must provide written notice on or before 90 days prior to the beginning of the lease period and all prepaid deposits and/or rent must be returned within 10 days of termination of this lease. This lease cannot be voided due to the property being sold to another consumer fireworks vendor. f RENT. Tenant agrees to pay rent to the Landlord in the amount of$ 21oo.no for the location space on the property named above and detailed on Exhibit A,which includes electricity and a space for a storage unit,which amount shall be paid in full a week prior to the commencement date of the lease term. Additionally,Tenant agrees to pay to Landlord10 %of all sales made on the property over$21000.00 (excluding sales tax),which amount shall be paid on or before September 15 following the lease period. TENANT'S PROPERTY. Tenant assumes the risk of its personal property on the location space of the leased property. OPERATORS. Landlord acknowledges that Tenant may sublet the sale of the fireworks to independent operators and approves of all such arrangements, and Tenant is not relieved from its obligations hereunder. However in the event Tenant is not able to secure an independent operator for the property, Tenant may terminate this lease with at least TEN (10)days written notice to Landlord,and Landlord shall refund to Tenant all prepaid rent amounts. INSURANCE. Tenant shall provide liability insurance covering the Tenant's use and occupancy of the location space,including product liability,bodily injury,personal injury and property damage coverage,on an occurrence basis,with coverage in the aggregate amount of TEN MILLION DOLLARS($10,000,000.00). Landlord shall be named as"additional insured"under the insurance"as Landlord's interest may appear." Prior to occupancy,Tenant shall provide Landlord with a Certificate of Insurance evidencing the required insurance. Landlord is not required to hold similar policies of insurance, and Tenant's insurance shall be primary for the term of this lease relative to the location space. f�< =9` State of New York s � Office of Fire Prevention and Control 1220 Washington Avenue, Bldg 7A Albany, NY 12226 Phone#: (518) 474-6746 Fax#: (518) 474-3240 SPARKLING DEVICE CERTIFICATE OF REGISTRATION Permit Number : 21-000050 Location of Activity: Phantom Fireworks Eastern Region, LLC 1476 State Route 9, Lake George, NY, 12845 Phone: (330)746-1064 Type of Activity: Certificate of Registration-Sparkling Devices - Specialty Retailer Date of Activity: 02/17121 Expiration Date: 01102/22 The above applicant is hereby granted pennission to conduct the above described activity in accordance with provision of the 9 NYCRR 225 and the Fire Code of New York State. Approval is contingent on payment of Fee of $2500.00 and adherence the following conditions: It is the Applicant's responsibility to comply with other applicable health, police,building or constriction requirements for such matters as electrical, plumbing or mechanical activities. 0211712I Date Benjamin S.Keller Chief, Fire and Life Safety Branch THIS CERTIFICATE MUST BE CONSPICUOUSLY POSTED AT THE SITE FOR THE DURATION OF THE ACTIVITY, FAILURE TO COMPLY WITH THE FIRE CODE REQUIREMENTS OR ANY CONDITION SET FORTH ABOVE IS CAUSE FOR REVOCATION OF THIS CERTIFICATE DocuSign Envelope ID:AF60E52F-9072-4417-8FE1-064339IF60CE INDEMNITY. Tenant shall indemnify,defend,and hold the Landlord harmless from any claims in connection with any injury or damage caused to any person or property arising out of Tenant's use or occupancy of the leased location space. Tenant shall not indemnify or be liable to Landlord for the negligent acts of Landlord,its employees or agents. SURRENDER OF PROPERTIES & RIGHTS. Tenant agrees to surrender possession of the properly to the Landlord upon termination of this agreement in as good condition and repair as the same shall be on the date Tenant first occupied the property hereunder -- 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 Tenant's use of the location space on the property. Tenant agrees to keep the location space clean and free from garbage and trash during the term of this lease and remove all property owned by Tenant prior to surrendering occupancy. OPTION. If Tenant has met all of its obligations hereunder,Tenant shall have the option to lease the premises for the same purpose for the next fireworks selling season by giving notice to the Landlord. CHANGE IN LAW. In the event that the sale of consumer fireworks is prohibited for any portion of the term by any level of judicial,legislative or executive law,order,rule or regulation,this lease shall,upon notice from the Tenant, terminate,whereupon any advanced rental payment shall be returned to the Tenant on a pro rata basis(number of days of term occupied)and the Tenant shall be relieved from any further liability hereunder. PERMITTING. This agreement is contingent upon Tenant securing,at its cost and expense, all required local and state licenses and permits to sell 1.4g(Class C)consumer fireworks at the location space on the property. If Tenant cannot secure such licenses and permits prior to commencement of the lease period, any pre-paid amounts shall be refunded and this agreement shall be null and void. PROPERTY/SALE OF PROPERTY. If the property is inaccessible or unusable due to construction or the like,or if Landlord attempts to move the location space on the property,this lease is subject to revision on terms acceptable to Tenant. If Landlord sells the property to a third party buyer,Landlord shall have the right to terminate this lease upon 90 days'notice to Tenant or transfer this lease to the buyer. Upon termination hereunder,Landlord shall refund to Tenant all rental payments made to date. Landlord shall not sell the property to another fireworks seller or to a third party with the intent of defeating Tenant's right to sell fireworks on the location space in favor of any other fireworks vendor. ATTORNEY'S FEES. In any action or proceeding to enforce,interpret or declare rights under this agreement,the prevailing party shall be entitled to its reasonable attorney fees,costs and litigation expenses. ENTIRE AGREEMENT. This agreement and any incorporated exhibits or attachments contain the entire agreement between the parties and cannot be modified in any manner other than by an agreement in writing signed by the parties with the same formalities attendant to the execution of this agreement. Each understanding, term and provision of this agreement shall be construed to be a promise,covenant and condition.This agreement supersedes any previously signed agreement between the parties. PROVISIONS BINDING. The agreements herein shall be binding upon and inure to the benefit of the parties, their heirs,executors,administrators,personal representatives,successors and assigns. IN WITNESS WHEREOF,the Landlord and Tenant have executed this agreement,each party acknowledging receipt of an executed copy hereof. Zack Moore PHANTOM FIREWORKS EASTERN REGION, Name of Landlord Entity—"Landlord" LLC—"Tenant" g bv: Vaebsrywo-'d$k: lI� By: � .,, By: Name: 2 �e�aaa2s::. Name:vi n Title: Manager Title: Regional Mgr Date:9/29/2020 Date:9/30/2020 Revised 3/8/18 2 DocuSign Envelope ID:AF60E52F-9072-4417-8FE1-064339lF60CE i Phantom Fireworks Eastern Region, LLC 2445 Belmont Ave Youngstown, Ohio 44505 330-746-1064 PROPERTY PERMISSION FORM The undersigned, owner and/or controlling party, of the property listed below hereby grants permission to Phantom Fireworks Eastern Region, LLC to use the property for the temporary sale of fireworks at the following location: Name: Ed & Ed T Enterprises Parcel No: 51171 Address:1476 state Route 9 City: Lake George ST:ny Zip:12845 County: warren This Temporary Use Permission Form is for the purposes of obtaining state and local licenses, permits, and other uses pertinent to the retail sale of Class C state approved fireworks at the location for the 2021 season. DoCu519Kedby: ii Sign a Ure227=58 444.28... lack Moore Name- Please Print— Property Owner/Controller of Property Ed & Ed.T Enterprises Managing Partner Company/Title 9/29/2020 ®ate