CO-0695-2022 CERTIFICATE OF OCCUPANCY ONLY office use only .
APPLICATION
Permit#: CQ 0
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Town of Permit Fee:s, ~Q
742 Bay Road,Queensbury,NY 12804 Invoice#: �� F
P:518-761-8206 or 518-761-8205 www.gueensbury.net
**This application is for occupancy only, with no work requiring--a-building=perm!*
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BUSINESS INFORMATION: �� �"' `� `/
Name of business: I my c norm
Business Address (including suite, space, etc.):
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Detailed explanation of business (attach a separate piece of paper, if necessary):
***Please prove to an acc ate layout of_91ur space shoWiatg
A w4ps, exits, stockrooms rest rooms, cogs,Arid fnftllllres
on a separate sheet of paper's
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:
Applicant signatu e. Date:
Property Owner name: ��c)✓�C��,o .� �� �
Property Owner signature: Zg__ Date:
Certificate of Occupancy Only Revised September2022
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742 Bay Road,Queensbury,NY 12804
P:518-761-8206 or 518-761-8205 www.aueensbury.net
CONTACT INFORMATION: PLEASE PRINT LEGIBLY OR TYPE, PLEASE INCLUDE AN EMAIL
• Applicant:
Name(s): AWL_ o,� Q �
Mailing Address, C/S/Z: r7 &ftv` Nw— Q.vtQ\%_ N`( 1 104
Cell Phone: ( M ) 'TL(o. -117 :caL. Land Line. �_)
Email: 3 L9 !c(b F3b6 C,,ti
• Business Owner(s):
Contact Name(s):nJ , t o,.6- �� (
Mailing Address, C/S/Z: Oagnglp `l Cat _ Nit_ greens (a.�a�
Cell Phone:_( ) '14C. a-AZiM q-QAa Land Line:
Email: SLR? '-1cL% 'Ro6l( Qaut_
&-M6N&%SQI CekGN\?&ASt-Ce),w
• 'Manager:
Contact Name(s):
Mailing Address,C/S/Z:
Cell Phone:_( ) Land Line: _( )
Email:
• Property Owner(s): -p
Business Name: P�Kwne .o .
Contact Name(s): Lc--,rrc.`. �_aLJ'S
Mailing Address,C/S/Z:
Cell Phone:_(5tg ) `�1� �,`(� land Line: _( )
Email: t oGk y\1\\S @
Contact Person for Compliance in regards to this project:
Cell Phone: (` 2 ) �'7q,16 'So Land Line: L_)
Email:_ Jt .
Certificate of Occupancy Only Revised September 2022
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Town of CZircens ury
742 Bay Road,Queensbury,NY 12804
P:518-761-8206 or 518.761-8205 www.aueensbury.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: ` \ 1 v 101c)-l"
Business Name: t\ ` iL
Business Location(including suite,space,etc.):
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Business Phone#: � S(so
1. Business contact name:
Main Phone:_(�) '7 b UiD ;Secondary Phone:_(��� ) '17Qc aDa=�7
Contact is coming from what town/village? axto 7
2. Business contact name:'�\
Main Phone:_ 5L(�1 �7% Secondary Phone:_ a'3
Contact is coming from what town/village? jf��
TOWN OF QUEENSBURY FIRE MARSHAL'S OFFICE
P:518-761-8206 F:518-745-4437
FIREMARSHAL@QUEENSBURY.NET
FIRE MARSHAL MIKE PALMER DEPUTY FIRE MARSHAL TYSON CONVERSE
Certificate of Occupancy Only Revised September 2022
288.12-1-22 CO-0695-2022
Winklepickers LLC
1444 State Rte 9, Suite 21B
Certificate Of Occupancy
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icy Winklepickers LLC
—� 1444 State Rte 9, Suite 21B
Certificate of Occupancy
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12 ft wide stock � �� g areas
office � y 56 ft long
columns are 6"
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w additional 44"Vga�ss Indow panel ''
located 49" inside of east wall
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with addit 4 ft glass panel each si
(North total 16f4"
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65 ft
vkBath/Office area:
Office is 9'x 5'with 36" door Total Sq Ft v 3,204
Bathroom is 9'x 8'with 36" door
Electrical panel between doors
(12 inches of exterior interior wall space)
West
FIRE MARSHAL'S OFFICE
Town of Queensbury
742 Bay Road, Queensbunj, NY 12804
"Home of Natural Beauty ... A Good Place to Live "
PLAN REVIEW
Winklepickers LLC
1444 Route 9, Suitew 21B
CO- 0695-2022
11/18/2022
The following comments are based on a review of submittals:
• Verify fire extinguisher location and inspection
• Verify paths of egress
• Verify storage
• Verify clearances to electrical service panel
• CO detection is required
• Locks [Latches to comply with Chapter 10 of IFC
• Provide key for Knox Box
• Function test exit/El lighting
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
—firemarshal@queensbunl.net - zuT Mqueensburtt net
LEASE AGREEMENT
THIS LEASE is entered into as of SeptemberAL 2022 by and between
Adirondack Factory Outlet Center,Inc. having office at 1454 State Route 9;Lake
George,NY 12845 (hereinafter referred to as"Lessor") and Winklepickers,LLC
operated by Dave and Rachel Dutra having an office at 7 Green Avenue,Queensbury NY
(hereinafter referred to as"Lessee").
INCONSIDERATION of and other good and valuable
consideration and the mutual covenants contained herein and intending to be legally
bound hereby,Lessor and Lessee hereby agree with each other as follows:
1. Premises.Lessor leases to Lessee and Lessee leases from Lessor upon and
subject to the terms and conditions and provisions hereof approximately 3,210 square feet
of usable floor area(hereinafter sometimes referred to as the"Premises").
The Premises are located on property at 1444 State Route 9,Lake George,NY,
Town of Queensbury,NY which is owned by Lessor:
2. Term: (a)The term of this Lease shall be Three(3)years effective
October 1, 2022 such date being-hereinafter.referred to as the"Commencement Date."
The initial term of this Lease shall end on the last day of the month of January 2026.
Lessee shall have the option to extend the initial term of this lease for three(3)additional
terms of three(3) lease years (the"Extension Term% exercisable by written notice from
Lessee to Lessor given not later than six(6)months prior to the Expiration Date of the
initial term hereof.
3. Rent. Lessee hereby covenants and agrees to pay to Lessor,at its office or
such other place as Lessor may from time to time designate, as follows:as minimum
guaranteed rent, to be calculated based on Gross Sales calculated at the rate of Ten
percent(10%)of Gross Sales(hereinafter called"Percentage Rent").
a. In recognition of start-up nature of the location and business
needs of Lessee no rent will be due or collected for the time period
October 1 -November 30,2022.
b. Beginning December 1,2022 the minimum guaranteed rent of
10%of Gross Sales of the prior calendar month will by due by the 50,of
the following month.
c. Beginning Jan 1,2023 the minimum guaranteed rent,whichever
is higher,of 10%of the Gross Sales or$2,675.00 is payable(Based on a
Minimum Floor of$10.00 per square foot for Annualized Total Rent of
$32,100).
1
Gross Sales of the prior month to be reported to the Lessor by the 51 day of the
following month. Percentage rent payment to be made by the 51h day of the following
month in which it was earned.
Gross sales to include all merchandise sold in conjunction with use of the
Premises.
4. Occupancy. Lessee will occupy existing premises to be delivered in"As
Is"condition on approximately September 15,2022. All existing Furniture,Fixtures and
related items shall be made available to Lessee,but remain the property of Lessor to be
returned in similar condition upon termination of Lease. Lessee shall be allowed to begin
painting and similar improvements and moving fixtures and merchandise to the space
immediately.
5. Use and Care of Premises by Lessee.
(a) Use of Premises. Tenant shall use the Premises as retail space for
primarily product of clothing, shoes,accessories,occasional additional items and related
merchandise. Tenant agrees that it will not use,or permit or suffer the use of,the
Premises, or any part thereof, for any other business or purpose.
(b) Nature of Use. Lessee shall use and occupy the Premises in a careful,
safe and proper manner and shall keep the Premises in a clean and safe condition in
accordance with local ordinances and the lawful directions of proper public officers.
Lessee shall use and maintain the Premises consistent with present reasonable standards
of good retail operations,and Lessee shall not permit solicitations,demonstrations,
itinerant vending or any other activities inconsistent with such standards,within the areas
controlled by it.
(c) Reputation of the Site. Lessee shall not use,or allow the Premises to be
used, for any purpose other than as specified herein and shall not use nor permit the
Premises to be used for any unlawful,disreputable or immoral purpose or in any way that
will injure the reputation of the building in which the Premises are situated,nor permit
the Premises to be occupied in whole or in part by any other person except as otherwise
provided herein.
(d) Extra Hazardous Activity. Lessee agrees that it will not do or suffer to
be done, or keep or suffer to be kept,anything in,upon or about the Premises which will
contravene Lessor's policies insuring.against loss or damage by fire or other hazards, or
which will prevent Lessor from procuring such policies in companies acceptable to
Lessor.
(e) Painting and Decorating. Lessee will not paint,remodel or decorate any
part of the exterior of the Premises,or change the architectural treatment thereof,without
2
first obtaining Lessor's written approval of suchiremodeling,painting or decoration
which approval shall not be unreasonably withhold; and Lessee will remove promptly
upon order of Lessor any pairit or any such decoration which has been applied or installed
on the exterior of the Premises without Lessor's prior written approval, or take such
action with reference thereto as Lessor reasonably may direct.
(f) Rubbish and Trash. The Lessee shall pay all charges for removal of its
rubbish,trash, garbage, and other refuse.Lessee shall not permit the accumulation of
rubbish,trash, garbage and other refuse in proper containers on the interior of the
Premises. In the event Lessee fails to remove any accumulation of rubbish within three
(3)days after written notice by Lessor to remove the same,Lessor shall have the right to
remove the same in which event the reasonable cost thereof shall be paid by Lessee as
additional rent for the following month. Landlord has contracted on behalf of all Tenants
with Waste Management for garbage and cardboard collection and proportionate costs
are billed monthly by Waste Management for services.
(g) Indemnification by Lessee. Lessee will indemnify Lessor and hold
Lessor harmless against all claims, demands, and judgments for loss, damage,or injury to
property or person, and costs and expenses including reasonable attorney's fees
associated with or resulting orf occurring by reason of the use and occupancy of the
Premises by Lessee but excluding such as result or occur by reason of the gross
negligence or willful misconduct of Lessor and its agents and employees.
6. Operation of Busibess.
(a) Open for Business.Lessee agrees to the best of its ability to occupy the
Premises and open its store for business fully fixtured, stocked and staffed no later than
py W 1,2022 and thereafter to continuously conduct the business described in Paragraph
6.This covenant by Lessee is a material consideration to Lessor hereunder in order that a)
Lessee might produce the maximum profitable gross sales possible from the Premises
during the lease term; and b)provide services to customers of the center on a consistent
basis.
(b) Business Hours.Lessee shall keep its premises open for business to the
public during the hours that Lessor shall set and, except as it may be necessary that the
Premises be closed on account'iof the order of any duly constituted authority, or for the
purpose of making repairs, or improvements,taking physical inventory, or during the
period of strikes, lockouts, emergencies or other causes-beyond Lessee's control, so long
as Lessee shall make all reasonable efforts to shorten such periods. The Lessor has the
sole and exclusive right to set the Shopping Center hours of operation.
(c) Lessor A,pproval.of Advertising. Lessee shall not place anything or
allow anything to be placed near the glass of any door,partition,wall or window,which
may be unsightly from outside;the Premises.
3
(d) Interior Maintenance.Lessee is responsible for all interior maintenance,
including but not limited to, daily cleaning(sweeping,mopping,removal of garbage etc,
lighting,plumbing, etc. of the areas within the operational,guest eating and other
common areas utilized by the operations of the premises.
(d) Use of Space. Lessee agrees to carry sufficient merchandise in the
Premises,to meet the sales requirements herein provided and to attract customers to the
site. Lessee agrees to fully and adequately staff the Premises with sufficient employees
for the purpose of selling said merchandise and to use for office, clerical or other non-
selling purposes only such space in the Premises as is reasonable required for Lessee's
business therein,not including any other business of Lessee in locations other than the
Premises.
(e) Character of Operations. Lessee shall not conduct any auction,fire or
bankruptcy sales,provided,however,that this provision shall not preclude the conduct of
periodic seasonal promotional or clearance sales.Lessee shall not utilize any unethical
method of business operation. Lessee shall not use or allow the use of any apparatus for
sound reproduction or transmission of any musical instrument in such manner that the
sounds so reproduced,transmitted or procured shall be unreasonably audible beyond the
interior of the Premises; shall not cause or allow unreasonably objectionable odors to
emanate or be unreasonably dispelled from the Premises and shall use its best efforts to
prevent the parking or standing outside of the Premises; of trucks, or other vehicles or
equipment except when actually engaged in loading or unloading and shall do nothing
which will be in violation of any municipal ordinance.
(f) General Covenants of Lessee. Lessee will maintain the Premises at its
own expense in a clean, orderly and sanitary condition and free of insects,rodents,
vermin, and other pests;will, at Lessee's sole cost and expense, comply with all laws and
ordinances and all valid rules,regulations and requirements of the government of all
county,municipal, state, federal and other governmental authorities,now in force or
which may hereafter be in force,pertaining to Lessee's operation of its business in the
Premises;will not park, and will require its employees to refrain from parking, any
vehicle on Lessor's land except in such places as may be designated from time to time by
Lessor for the use of Lessee and its employees; (which location, if any, shall be
designated in an area reasonably convenient to the Premises); and will conduct business
in the Premises in all respects in accordance with customary standards of store operation.
(g) Insurance. Lessee agrees to carry at its own expense throughout the term
of this Lease commercial general liability insurance covering the Premises and Lessee's
use thereof. A copy of which shall be provided at each renewal
S. Alterations or Improvements by Lessee.Lessee shall have the right
during the continuance of this Lease to make such alterations or improvements in the
Premises, excepting structural alterations or improvements, as may be proper and
necessary for the conduct of its business and for the full beneficial use of the Premises
4
L
allowed herein,provided Lessee shall pay all costs, expenses and charges thereof, shall
make such alterations and improvements in accordance with applicable laws and building
codes and in a good and.workman like manner, and shall fully and completely indemnify
Lessor against any mechanics lien or other liens or claims in connections with the making
of such alterations or improvements. Lessees shall not make,nor allow to be made, any
alterations, additions or improvements of a structural nature to the interior, exterior or
store front of the Premises, or to the plumbing,heating or air conditioning system. Lessee
shall promptly repair any damages to the Premises, or to the building of which the
Premises are a part,causes by any alterations, additions or improvements of the Premises
by Lessee.No improvements or modifications shall be made to the leased premises
without the Lessor's consent,which consent shall not be unreasonably withhel
9. Removal of Improvements.Except as otherwise hereinafter provided, all
alterations,improvements,furnishings and other equipment installed in the Premises by
Lessee and paid for by it shall remain the property of Lessee and may be removed by
Lessee upon the termination of this Lease,provided(i)that any of such items as are
axed to the Premises and require severance may be removed only if Lessee shall repair
any damage caused by such.removal(ii)that Lessee shall have fully performed all of the
covenants and agreements to be performed by it under the provisions of this Lease. If the
Lessee fails to remove such items from the Premises prior to the date of termination of
this Lease, all such alterations, decorations, additions and improvements shall become the
property of the Lessor. In respect of any such items that the Lessor has to remove from
the property,Lessee is solely responsible for any and all fees, assessments associated
with such removal.Lessor shall provided Lessee with such costs, and Lessee shall remit
payment within 10 days of receipt of such.
10. Access to Premises. Lessor shall have the right, at all reasonable times
upon reasonable advance notice to Lessee(and without in the case of an emergency)to
enter into the Premises to inspect,maintain,repair and/or make replacements as required
under this.Lease.
11. Repairs by Lessor.Lessor shall keep and maintain the foundations, roof
and structural portions of the walls of the Premise, in good condition and repair, except
for repairs as may be required thereto by reason of the act of Lessee, its employees,
agents,invitees, licensees, or contractors and except for repairs as may be required to any
walls which are installed or causes to be installed,by Lessee.
Lessor has delivered the premises with all major mechanical systems in working .
condition including HVAC,Electrical;Water which Lessee will maintain. In the event of
failure of any major mechanical system Lessee agrees to give Lessor written notice of the
necessity for repairs coming to the attention of Lessee.
12. Reservations of Lessor./Early Termination.
(a)Lessor reserves the right to place,maintain,repair and replace such utility
lines,pipes,tunneling and the like, in,under and over and upon the premises as may be
5
reasonably necessary or advisable for the servicing of the Premises or of other portions of
the Site of which the Premises are a part. Lessor reserves the right to the use of the roof
and the exterior walls of the Premises and of the building or buildings of which the
Premises are a part.
(b.) Lessor reserves the right to recapture the Premises or relocate the Lessee
with 90 days written notice to the Lessee. Lessor similarly grants Lessee the ability of
early termination of the Lease with 90 days written notice to Lessor.
13. Default by Lessee. This Lease is made upon the condition that the Lessee
shall punctually and faithfully perform all of the covenants and agreements by it to be
performed as herein set forth, and if any of the following events of default shall occur,to
wit;
(a) Any installment of Fixed Rent,Percentage Rent, additional rent or any
other sums required to be paid by Lessee hereunder,or any part thereof, shall at any time
be in arrears and unpaid for five(5)days after receipt of written demand thereof,or
(b) There be any default on the part of the Lessee in the observance or
performance of any of the other covenants, agreements,or conditions of this Lease, on
the part of the Lessee to be kept and performed, and said default shall continue for a
period of five(5) days after receipt-of written notice thereof from Lessor to Lessee, or
(c) If Lessee shall vacate or abandon the premise for more than three(3)days,
except as directed or mandated by government order,the Lessor, at its option may
terminate this Lease and reenter upon the premises and take possession thereof with full
right to sue for and collect all sums or amounts with respect to which Lessee may then be
in default and has accrued up to the time of such entry,including damages to the Lessor
by reason of any breach or default on the part of the Lessee. Or Lessor may,if it elects to
do so,bring suit for the collection of such rents and damages without entering into
possession of the Premises or avoiding this Lease.
14. Utilities. Lessor agrees to furnish the Premises with utilities including but
not limited to: gas,electric,phone,water, sewer; garbage and plumbing. Lessee's cost for
utilities shall be paid by Lessee.
LESSOR: Adirondack Factory Outlet
Center,LLC.
By:
Title:
6
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