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20180388 20181115084132November 10,1018 City of Yelm 105 Yelm Avenue West Yelm, WA 98597 RE: FIREWORKS PERMIT 1 4G CONSUMER FIREWORKS City of Yelm, Please see the encl+used.,application for the :purpose of the retail sale of consumer fireworks. The sales.ase planned°to-commence on December 27, 2018 — December 31, 2018. The structure willbe in a 20' x %7trailer. The proposed selling site is located at 906 Algiers Drive NW Y.elm, WA 98597 on parcel # 22730110204 I have included'a;copy of the insurance certificate, however, it does expire on December 15, 2018. 1 will send ina renewed insurance certificate as soon as I receive the updated version which will be well .before sales commence. Please let me know if you have any questions or concerns. Sincerel Brandy Bargelt Director of Operations 253.279.1247 brandygthunderfireworks.com PO ;Bnx'5394; Spanway, WA 98387 J 253.:875:07©0 l.brandy@thunderfireworks.com AGENCY CUSTOMER ID: LOC #: AC" AVIDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Britton Gallagher NAMED INSURED Winco Fireworks Utah LLC 710 Amidan Drive Ogden UT 84404 POLICY NUMBER CARRIER - NAIC CODE EFFECTIVE DATE: AUDI I IVIVAL t1tIVIAt1r Z0 [THIS ADDITIONAL REMARKS FORAM,FS:IA•SC44EDULE TO ACORD FORM, F0ORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Landowner: Yelm Plaza and all its employees Additional Insured: The City of Yelm and all its employees; Thunder Fireworks Inc.; West Coast Fireworks ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. 7%ACORD name and logo are registered marks of ACORD �FSH%HGTON SI4re Washington State Patrol Fire Protection Bureau Office of the State Fire Marshal CONSUMER FIREWORKS RETAIL SALES (CFRS) FACILITY LICENSE 18-0355 /9F'4gRSHAV56EF\`� Stand Number: SN -12022 Licensee Data Timeout Fireworks PO Box 5394 Spanaway, WA 98387 License Number: WSPFL-02856 Phone Number: (253) 431-1671 Operational Data Wholesaler: Winco Fireworks Utah, LLC County of Operation: Thurston Operated For: Licensee Stand Operated By: Carla Hitchner Date of Issue:March 26, 2018 Date of Expiration: January 31, 2019 Consumer Fireworks Retailer Licenses issued after May are ONLY valid for New Years Sales This license is NOT valid without a permit from a local fire code official/authority having jurisdiction. This license allows for operation of a single location/stand foi retail sales to the public of state legal consumer fireworks purchased only from a licensed fireworks wholesaler. THIS LICENSE PORTION ACCOMPANIES YOUR LOCAL PERMIT APPLICATION CTTY aF YELM CO�ERCIAL. 9Lpl Cp�IG PfRIAR APPLICATION FORM Project Address2ffi Yelm Ave East Parcel #:22730110204 Zoning; Comercail Cune*11we:GMg20r Store/,�Proposed use Consumer Firms ❑ New Construction ❑ ate -Nadel I Re -Roof / Tenant Improvement ❑ Plumbing GI Medhaaieal 0 Fire-Prevent/SuppresslAlarm Other Project Description?Scope ofiWodc: ail Sales of 1..4 G Consumer Fireworks Class C Project Value: NA Building Area (sq. ft) Parking GarageN/A 1'' Floor600' 2"d FloorN/A 3rdFloorN/A Building Height N/A Are there any envkonmentallyseesitiveareas 'bcated:on the parcel? no If yes, a completed environmental chadtlist must accompany permit application. BUILDING sJWNERfTE V.Nl'NAINE-Yelm Plaza Greata roe IseInc. ADDRESS 1 1323 Q East Va11e4i-ltnrv. EMAIL NA CITYKent STATEWA ZIP TELEPHONE 1-47 ';-982-0049 ARCHITECT%ENGINEERNA LICENSE # ADDRESS EMAIL CITY STATE P TELEPHONE GENERALA TELEPHONE ADDRESS EMAIL CITY STATE" ZIP FAX CONTRACTOR'S LICENSE # EXP DATE CIN LICENSE # PLUMBINGCONTfiACTOR A TELEPHONE ADDRESS EMAIL CITY STATE ZIP FAX CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE # MECHANICAL CONTRACTOR -NA TELEPHONE ADDRESS EMAIL CITY STATE ZIP FAX CONTRACTOR'S LICENSE EXP DATE CITY LICENSE # Copy of City Mitigation doctgneatation (TFCI. 1 hereby certify that the above lnfennatien is correct end that the construction on, and the occupancy and the use of the above described propwtywM 1W In accordance with the kws, rules and regulations of the State of Washington and the City of Yalm. AppliciAes Si Date Owner 1 Contractor.i(:fJwrnees AgentJ Contractoes Agent l Tenant (Please circle one.) All permits are nomtransferable and vkitl expire if work,authorized by such permit is not begun within 180 days 04ssuathce, or`I work is suspended or abandoned for a period of 180 days 105 Yelm .Avenue West (360) 458-3885 PO Box 479 (860) 458-3144 FAX Yelm, WA 98597 wsow.ci yelm.wa.us APPLICAM, ON FORtETA . FROWURKS STAND PERMIT TO: orcountyin which DATE OF 1Governingbgdyof4M.tawn, 11.10.18 fireworks stand will be'located. I APPLICATION: Applicant Name: Address. City, State: Carla Hitchner PO Box298 Mckenna WA 98558 Sponsor [if other than B licano: Address. City, State: Same as above Svne as above Location of proposed fireworks stand: [Enclose drawing of stand locationj 906 Algyers Drive NE. Yelm WA 98597 (906 Yelm Ave East) Manner and placg of storage prior, during, and after sales dates: In Stand With Secu * State Licensed Fireworks Sunnier: Thunder Fireworks FIREWORKS STAND PERMIT For The Fireworks Sales Year Of. -2018 (Must be' conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from The City of Yelm as the local governing authority, the named person, firm or organization is hereby, authorized to sell U.N. 0336 I AG Consumer fireworks at the location designated herein between the following date and times: Sales For July 0' Sales For December 31s' From: From: December 27 2018 To: To: December 31, 2018 Sponsor. Same as above Drive NE. Yelm WA 98597 (906 Yelm Ave East Isl rs! Signature.oPOfBcial GrantingPennit Title: Agency: Date: IPemiit Number. Licensee dame: License Number: M*42-013 (Rev 2M5) FIREWORKS TENT LEASE.AGREEMENT THIS LEASE AGREEMENT-C1,Loase A.greemerif ), made this day of 2018, between Yelrn Plaza LLC, hereinafter designated the "Land Owner" and Thunder Fireworks, Inc., a Washington corporation, hereinafter designated the "Lessee." WITNESSES: That the said Land Owner does by these presents lease to Lessee the following: 1. PREMISES: 906 Algiers Drive North West, ( 906 Yelm Ave East) As per the diagram marked Exhibit "A". 2. TERM: Becember'27th te'January.lst for the year of 2018 3. RENT: 4. SECURITYAND'DAMAGE'DEPUSI`i: Waived. S,SUBLET: -Lessee shall not assign this Lease Agreement or any part hereof without the.prior written consent of Land Owner. 6. LESSEE'S OBLIGATIONS: Lessee shall. (a) Assume full liability for any and all claims, damages or causes of action.arising during the term of this Lease Agreement caused by Lessee, it's agents, contractors, sub -contractors, guests and invitees, and hold Land Owner harmless there from. (b) Provide Land Owner with evidence of liability insurance effective for the Term in an amount of not less the ten million dollars ($10,000,000.00) with a rider listing Land Owner as an additional insured. Lessee will provide documentation to Land Owner showing the insurance coverage is active prior to the commencement of any use of the Premises for the term of the Lease. (c) Rroperly dispose of all rubbish, garbage and waste generated by Lessee, its agents, contractors, sub -contractors, guests and invitees, in a clean,and sanitary manner. (d) Not. restrict the flow oftrafiie (pedestrian / vehicular). (e) Comply with any and all laws, rules, regulations and requirements .imposed upon it by any governmental agency governing the Lessee's proposed -.use of the Premises and post any required performance bonds with the local -government.. Any permits or licenses required of the undersig�ne&Lessee' shall be. obtained by the Lessee prior to the commencement of the Term of this agreement. LEASE AGREEMENT PAGE l (fj : Not intentionally or.jwgdigentiydestroy,. deface, damage, impair or Remove .any.part of the Premises, norto permit any of it's agents, contractors, sub-conuaclors, guests and -invitees or other persons acting under its control to do so. {g) .Suffer -no lien to arise orbe files by any taxing authority or by any contractor, sub -contractor, W supplier or labor or materials used be ,.1esseeor.any.other:Wr4;party orilhePremises; and, in the event any such lien or claim of lien is filed, cause the same to be satisfied or discharged in full within thirty (30) days following the filing thereof. 7. USE: Licensee will use the Premises to conduct retail sales of approved "I AG" or commonly known as Class "C" and/or Consumer Fireworks along with those activities attendant to that intended use. Lessee may place temporary striping or cones and a tent as necessary and erect appropriate signage and will remove the same at the end of the term. Lessee shall not.use the Premises for.any illegal purpose. Lessee agrees to conform to all state, county and municipal codes, statutes, ordinances and regulations concerningthe: use and occupation of the Premises and to obtain the prior,r+eceiptofapprovai of authorities of competent jurisdictionfor its intended use of the Premises with copies thereof to LandOwner. If the Lessee is unable to procure the necessary firework permits from the State of Washington, Thurston County or the City of Yekn to operate.a fireworks tent on the above mentioned Premises then .this Lease Agreement shall :be.null and void. 8. ALTERATIONS: 'Licensee accepts the Premises in its present conditions, "AS IS, WHERE AS, and with.ALL FAULTS" Lessee agrees not to make alterations to the :Premises without the prior written consent of the Land Owner. 9. SURRENDER: At the expiration of said term of this Lease Agreement Lessee will surrender the Premises to Land Owner in a condition equivalent to or better that when,Arstmade available to Licensee. Reasonable wear and tear acceptable. 10. ACCESS: Lessee will have unlimited access to the Premises during the term of the Lease at the entrance / exit shown on the attached Exhibit A. 11. TAXES: Land Owner shall be solely responsible for any taxes on the real property. Lessee shall be solely responsible for any taxes on its personal propertyand/or the conduct of its activities. 12. COSTS, ATTORNEY'S FEES AND VENUE: If, by reason of any default;or`breaCh on the part of either party in the performance of any of the.provisions-of this agreement, enforcement of any term of:this Lease is; sought, whether or not legal action is instituted, the'.losing party agrees to pay all reasonable costs and attorney's fees of the.prevailingparty'in.canneetiontherewith. In the event any claim for personal injury, death, property. damage, or other alleged liability is asserted againstc Land;Owner arising from Lessee use of Premises during the Term of this Agreement. Lessee agrees to defend and hold Land Owner harmless of any such claim, including attorney's fees and legal LEASE AGREEMENT — PAGE 2 5 : costs: itissagreedtlaat the venue of any legal action brought under the terms,ofthis agreement shall be Pierce County, State of Washington. 13. NOTICES: (a) Notices to Land Owner shall be delivered, personally or by certified mail, postage prepaid, addressed to Land Owner at: Velm Plaza LLC 19230 East Valley Hwy Suite 108 Kent WA 98032 (b) Notices to Licensees shall be delivered, personally or by certified mail, postage prepaid, addressed to Licensees at: Thunder Fireworks, Inc PO Box 1504 Graham, WA 98338 Plione: 253.875.0700 14. EXECUTION: This instrument is :signed in multiple identical copies, any one of which will suffice. for legal purposes as an original. IN SIGNING THII&INSTUMENT'EACH PARTY ACKNOWLEDGES AND REPRESENTS TO THE OTHER SIGNERS: (a) That the person signing has read the instrument in its entirety. :(b) That the person signing this document has authority to do so and to 'bind his/her principal, understands that this instrument constitutes and important and'binding legal contract, which fixes and determines certain legal and obligations of the persons signing it. (c) That no provision of this document can be changes by reference to any oral representations or agreements. IN WITNESS WHEREOF, the Lessee and Land Owner have each hereunto signed this instrument in duplicate the day and year first above written. By: Witness LEASE AGREEMENT ='PAGE 3 LESSEE: Lo