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HomeMy WebLinkAboutPR 21900: TO CONSIDER A PERMIT APPLICATION FOR A CIRCUS City of urt rthu1 www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 30, 2021 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Planning & Development Services Cc: Philip Vilardi, Building Official RE: P.R. No. 21900 —A resolution for City Council consideration a Permit Application for a Circus. Introduction: City Council is being asked to approve P.R. NO. 21900 authorizing the issuance of a Permit to Apple Entertainment and Production Corp.-Delman Circus to set up and operate a big tent circus from May 21 — 31, 2021 , pursuant to Chapter 22, Article 3, Division 2 of the City of Port Arthur Code of Ordinances. Background: On April 26, 2021, a permit application was submitted on behalf of Apple Entertainment and Production Corp — Delman Circus to set up and operate a big tent (Circus) at 3100 F.M. Highway 365 (Central Mall), Port Arthur, Texas 77640. The event shall take place from May 21 — 31, 2021, at the following times: Monday, Thursday, Friday 8:00 p.m. Tuesday and Wednesday No Performances Saturday 5:00 p.m. and 8:00 p.m. Sunday 2:00 p.m., 5:00 p.m., and 8:00 p.m. In accordance with Section 22-92, the City Council or any city resident filing a written request may ask for a Public Hearing to be held before considering the issuance of a permit for a "circus, street show, medicine show, carnival, sideshow or any other performance, including shows or exhibits in connection therewith. The applicant has provided all pertinent documentation related to their request per Chapter 22, Article III.-Circuses and Similar Shows, of the City of Port Arthur Code of Ordinances. City Council approved Resolution No. 17-120, authorizing staff to accept their last permit application on May 9, 2017. The event took place from May 22, 2017, to June 7, 2017. Budget Impact: None Recommendation: It is recommended that City Council approve Proposed Resolution No. 21900, authorizing the issuance of a Permit to Apple Entertainment and Production Corp.- Delman Circus to set up and operate a big tent circus from May 21 —31, 2021, pursuant to Chapter 22, Article 3, Division 2 of the City of Port Arthur Code of Ordinances. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO.21900 04130/2021-PDL PAGE 1 OF 17 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT FOR DELMAN CIRCUS PURSUANT TO CHAPTER 22, ARTICLE 3, DIVISION 2 OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES. WHEREAS, a permit application has been filed on behalf of Delman Circus to hold a circus under their Big Top Tent in a portion of the Central Mall parking lot on May 21 , 2021, through May 31, 2021 , in the City of Port Arthur, with performances at 8:00 p.m. on Monday, Thursday, and Friday, 5:00 p.m. and 8:00 p.m. on Saturday, 2:00 p.m., 5:00 p.m., and 8:00 p.m. on Sunday, with no performances on Tuesday and Wednesday; and, WHEREAS, in accordance with Section 22-91 to 22-92, City Council must authorize the issuance of a permit allowing "any circus, street show, medicine show, carnival, sideshow or any other performance, including shows or exhibits in connection therewith (Exhibit "A"); and, WHEREAS, the Delman Circus will present only human performers and will not include any animals, street shows, medicine show, carnival, sideshow, or any other performance, including shows or exhibits in connection therewith as described in attachments included as Exhibit "B"; and, WHEREAS, the Delman Circus will not have any games of chance, mechanical rides, performing animals, any outside vendors, nor will any alcohol be sold or served; and, WHEREAS, the Delman Circus will provide its own dual generator-powered electrical service, necessary locally-rented portable restrooms, including handicapped accessible units, in-house security service equipped with cell phones to contact medical P.R.NO.21900 04/30/2021-PDL PAGE 2 OF 17 emergency and local law enforcement, if necessary, and will receive any water service needed from Cental Mall; and, WHEREAS, in accordance with Section 22-92, the City Council or any city resident filing a written request may ask for a Public Hearing to be held before considering the issuance of a permit for a "circus, street show, medicine show, carnival, sideshow or any other performance, including shows or exhibits in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT City Council hereby authorizes a permit to be granted to the Delman Circus to perform in Port Arthur at a location in the Central Mall parking lot from May 21, 2021, through May 31, 2021. THAT authorization is subject to the provision of all necessary building codes, permits, and authorization of the Fire Marshal with regard to health and safety. THAT failure to comply with the building and fire code provision will negate the authorization. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of May, A.D. 2021 , at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCIL MEMBERS: P.R.NO.21900 04/30/2021-PDL PAGE 3 OF 17 NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: I/ea "Val" izen ity ttorney~ APPROVED FOR ADMINISTRATION: ald "Ro " Burton, City Manager v 04i of PO Pamela D. Langford, Dire for of Planning & Development Services P.R.NO.21900 04/30/2021-PDL PAGE 4OF17 Exhibit "A" ARTICLE III. - CIRCUSES AND SIMILAR SHOWS Footnotes: ---(2)--- Cross reference—Streets, sidewalks and other public places, ch. 94. State Law reference—Authority to regulate locations, V.T.C.A., Local Government Code§215.074;carrying firearms in public place, including places of amusements, V.TC.A., Penal Code§§42.01, 46.04. DIVISION 1. -GENERALLY Secs. 22-71-22-90. - Reserved. DIVISION 2. - PERMIT Sec. 22-91. - Permit required; information to be furnished. Every person in charge of any street show, circus, medicine show, carnival, side show, or any other performance, including shows and exhibits in connection therewith, shall apply to the community services department for a permit to show the same. The applicant for a permit shall file with the community services department, at least ten days in advance of the time at which it is proposed to give any circus, street show, medicine show, carnival, side show, or any other performance, including shows or exhibits in connection therewith, a complete program of such, and furnish to the community services department such additional information concerning the personnel and entire entertainment to be given as may be required by the community services department and in such form as may be satisfactory to him. To that end he may require the owners, agents, servants or employees to produce before him the nature, class, kind and character of entertainment to be given. The information shall be accompanied by a $1,000.00 bond, conditioned as required by the community services department. (Code 1961, § 13-36; Ord. No. 00-60, § 2, 10-3-2000) Sec. 22-92. - Hearing on application. After the filing of the application for permit, the community services department shall refer such application to the city council, which shall have the right to appoint a time and place for the purpose of inquiring into the entertainment offered by any circus, street show, medicine show, carnival, side show or any other performance, including shows or exhibits in connection therewith, at which time the owners, agents, servants or employees shall produce before the city council, the class, kind and character of the proposed entertainment to be given. Any person residing within the city may at such time file written protest against the showing of any such circus, street show, medicine show, carnival, side show, or any other performance, including shows or exhibits in connection therewith. At such hearing, if a majority of the council present at such hearing shall condemn such circus, street show, medicine show, carnivals, side show, or any other performance, or shows or exhibits in connection therewith, no permit therefor shall be issued by the city. (Code 1961, § 13-37; Ord. No. 00-60, § 2, 10-3-2000) Sec. 22-93. - Delivery of authorization before issuance; tent shows prohibited in fire limits. The city shall not issue a permit to any person for the showing of any circus, street show, medicine show, carnivals, side show, or any other performance, or show or exhibit in connection therewith, unless the person applying therefor shall deliver to the community services department authorization by the city council for the issuance of such permit; provided further, no permit for the showing in a tent or other temporary structure of any circus, street show, medicine show, carnival, side show, or any other performance, or show or exhibit in connection therewith, regardless of name, class, kind or character, shall be issued where such is to be shown or exhibited within the fire limits of the city. (Code 1961, § 13-38; Ord. No. 00-60, § 2, 10-3-2000) Sec. 22-94. - Issued in name of city; no issuance without authorization. The community services department shall issue permits in the name of the city for the exhibition of any circus, street show, medicine show, carnival, side show, or any other performance, or any show or exhibit in connection therewith, but no permit shall be issued in the name of the city upon any application unless the community services department is duly authorized by the city council. (Code 1961, § 13-39; Ord. No. 00-60, § 2, 10-3-2000) Sec. 22-95. -Taxes and charges to be paid. The community services department shall not issue an occupation tax receipt or any license or permit to any person for the showing of any circus, street show, medicine show, carnival, side show, or any other performance, or show or exhibit in connection therewith, unless such person applying therefor shall first have paid all permit fees and other charges due the city thereon. (Code 1961, § 13-40; Ord. No. 00-60, § 2, 10-3-2000) Secs. 22-96-22-130. - Reserved. P.R.NO.21900 04/30/2021-PDL PAGE 7 OF 17 Exhibit " B " c;rv2t 4 CIRCUS_CARNIVAL_STREET SHOW OTHER art rthus . PERMIT#: reras APPROVED BY. CITY OF PORT ARTHUR, TEXAS 300 4th Street*Port Arthur,TX 77640 DATE ISSUED: Phone:409-983-8261 ALL PERMITS ISSUED UNDER CHAPTER 22,ARTICLE III,FOR CIRCUSES AND SIMILAR SHOWS MUST BE APPROVED BY CITY COUNCIL DATES OF EVENT: 05-21- 2021 TO 05-31- , 2021 Date of Public Hearing/Proposed Resolution: City Council decision: Applicant Information: Name of Person or Organization Sponsoring the Event: Jorge Del manzano Vazquez Contact Information: Roberto A Rodriguez Name of corporation:Apple Entertainment and production corp-Delman Circus Address 24010 Landing Way Dr city Spring Phone 941-587-0562 Email antoniorodriguez163@gmail.com Event Location: Central Mall Port Arthur - 3100 Highway 365, Port Arthur, TX 77642 List all shows, rides, booths and other attractions / businesses: 1. 2 Booths 6. 2. 7. 3. 8. 4. 9. 5. 10. (Attach additional sheets if needed) Attach: • Affidavit/Statement as to solvency and responsibility of owner as to the kind of character of shows and attractions will be provided to the community through this event. • Provide proof of bond or liability insurance • Letter of property owner permission granting the use of their property for the event. I, the undersigned, agree to conduct the carnival and all shows, attractions and exhibits in a decent ord -abiding manner, and that all information provided herein is true and correct. - 04-26-2021 Applica Sign Date Revised 04/2021 -- I 365 ark ir, a v .suI LIE 4' O� �T h h : tvitistslat‘ . . b , . , L. ,� . . . ° dihk.,.... ,_ .• : It ; 7- --. _:, . 111 lip,' . . .. .Oapital One Bank -s s. vs. ilk 4 1. 4 t i 6 Y4 t . h ¢ a� Pit a r a )9-Ai esPCI ', NOD RVS v Iry c r AD® DATE(MM/DD(YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/14/21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Thomas Plouffe/Michael Plouffe NAME: Specialty Insurance, LTD. PHONE o,Ext): 203 931 7095 FAX,No):203-931-0682 P.O. Box 16901 E-MAIL DRESS: tom@specialtyinsuranceltd.com/mplouffe79@gmail.com West Haven, CT 06516 INSURER(S)AFFORDING COVERAGE NAIC# http://specialtyinsuranceltd.com _INSURER A: Certain Underwriters @ Lloyds of London 15792 INSURED INSURER B Apple Entertainment and Production Corp dba Delman Circus INSURER C: 24010 Landing Way Dr INSURER D Spring, TX 77373 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i TYPE OF INSURANCE ADDL SUBR POLICY EFF WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)i POLICY EXP LIMITS LTR INSD A X COMMERCIAL GENERAL LIABILITY X CC/20-0020 3/18/21 3/18/22 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY ! PROCT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 I JE OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ jEa accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Central Mall Port Arthur,Kohan Retail Investment Group are added as an additional insured as respects Apple Entertainment and Production Corp dba Delman Circus, located at 3100 Highway 365,Port Arthur,TX 77642 from May 21-31 ,2021 . CERTIFICATE HOLDER CANCELLATION Central Mall Port Arthur SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kohan Retail Investment Group THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 3100 Highway 365 Port Arthur, TX 77642 AUTHORIZED REPRESENTATIVE Thomas Plouffe ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CENTRAL MALL PORT ARTHUR REALTY HOLDING, LLC Specialty License Agreement Central Mall Port Arthur Realty Holdings,LLC 3100 Highway 365,Port Arthur,TX 77642 This License Agreement made as of this day of 20 ,by and between the parties identified in Section I as Licensor and Licensee upon the terms and conditions hereafter set forth. WITNESSETH In consideration of the payments of the Rent,charges and fees provided for herein and the covenants and conditions hereinafter set forth, Licensor and Licensee hereby covenant and agree as follows: Section I. Economic Provisions 1. Parties Licensor:CENTRAL MALL PORT ARTHUR Licensee: APPLE ENTERTAINMENT AND REALTY HOLDING,LLC PRODUCTION CORP. DBA: DELMAN CIRCUS Address: 24010 Landing Way Dr. Spring,TX 77373 Phone: (941)587-0562 2. Leased Premises. Type:Parking Lot Space No:T9999E Description of Location: JCPenney Parking lot facing Hwy 69 Approximate Square Footage: 62,000 Licensor hereby leases to Licensee the Premises,defined above,located within Licensor's shopping center(the"Shopping Center")at the location shown on Exhibit"A"attached hereto for the Term,to occupy and use the Premises,subject to all the terms and conditions set forth herein.The parties acknowledge that this License Agreement is short-term,and that all terms and conditions of this Agreement reflect a short-term leasehold agreement between the parties.Licensee agrees to strictly adhere to the rules,regulations and policies for the Shopping Center adopted by Licensor as set forth in Exhibit"B" attached hereto(the"Rules and Regulations"),which are subject to change,revision and modification by Licensor at any time. 3. Term Term Commencement Date:5/18/2021 Term Expiration Date:6/02/2021 The term(the"Term")of this License Agreement shall commence upon the Term Commencement Date,and shall expire at 11:59 p.m.on the Term Expiration Date.Notwithstanding the foregoing to the contrary, Licensor may terminate this License Agreement upon thirty(30)days Notice to Licensee delivered to Licensee's address as provided for in this License Agreement.Notwithstanding anything to the contrary,in the event Licensee is in Default of this License Agreement beyond applicable notice and cure periods, if any,then Licensor may terminate this License Agreement at any time upon three(3)days' notice delivered to Licensee's address as provided for in this License Agreement. 4. Permitted Use Licensee shall be permitted to use the Premises for the non-exclusive use of conducting the operation of ie;the performance and ticket sales of a circus.NO ANIMAL ACTS ALLOWED,HUMAN ACTS ONLY to Central Mall Port Arthur patrons and the general public(the"Permitted Use"). Licensee shall operate under the following name:Delman Circus(the"Trade Name"). Licensee shall use the Premises only for the Permitted Use.Licensee shall not use the Premises for any other purpose unless agreed to in writing by Licensor. 5. Security Deposit (S 0.00) Licensee,concurrently upon signing the Agreement,shall deposit with Licensor the sum of N/A and No Cents($0.00)which sum shall be held by Licensor as security against a Default by Licensee(the"Security Deposit").Licensor hereby acknowledges receipt of the Security Deposit from Licensee.Licensor will retain the Security Deposit as security for the faithful performance by Licensee of all covenants,conditions,and agreements of this Agreement.Such security deposit shall not constitute final payment of any rent or fees.The balance of the Security Deposit,if any,shall be refunded to Licensee approximately ninety(90)days following the expiration of the Term of this License Agreement provided Licensee is not in Default under any of the terms of this License Agreement(or,if required by applicable law,the balance of the Security Deposit,if any,shall be refunded to Licensee at such time and in such manner as is otherwise provided by law).The balance of the Security Deposit,if any,will be refunded to such address as provided by Licensee in this License Agreement for receipt of Notice. Wage CENTRAL MALL PORT ARTHUR REALTY HOLDING, LLC 6. Payment Schedule Commencing on the Term Commencement Date and continuing during the entire Term of this Agreement,Licensee shall pay rent ("Minimum Rent")for the Premises payable to Licensor,without demand,deduction,set-off or counterclaim, in one(1)or more installments,in advance,as indicated on the following schedule: Base Rent: Due Date Rent/Security Utilities Total Due • 05/18/2021 $1,850.00 $0.00 $1,850.00 05/24/2021 $1,850.00 $0.00 $1,850.00 Overall Total: $3,700.00 MAIL PAYMENTS TO THIS ADDRESS: ATTN:Mall Management Office 3100 Highway 365,Port Arthur,TX 77642 MAKE CHECKS PAYABLE TO: CENTRAL MALL PORT ARTHUR REALTY HOLDING,LLC Minimum Rent,Additional Rent,and other fees(collectively referred to as"Rent")are payable in CERTIFIED FUNDS. If Rent is to be paid monthly,then Rent is due on the 1ST of each month and it is late on the 2ND of each month.If Licensee fails to pay Minimum Rent,Overage Rent,Additional Rent,and any other fees when same are due and payable,or if Licensee fails to perform any other term or condition of this Agreement,then Licensee will be in default("Default").In addition,if Licensee fails to perform any term or condition of this Agreement,then Licensor may impose a fine(the"Fine")or fines("Fines")upon Licensee as otherwise provided for in the Rules and Regulations in addition to any other action or remedy that Licensor may take or that Licensor may pursue.Such Fines shall be due and payable immediately,and unpaid Fines will be added to Licensee's account as Additional Rent. If Licensee incurs a Fine more than once in any,consecutive twelve(12)month period,then such event shall be a material breach of this Agreement,and Licensor may terminate this Agreement. Licensee shall pay any and all applicable tax on Minimum Rent,Overage Rent,and Additional Rent imposed by the state(or local municipality)or quasi-governmental unit in which the Premises is located. Unless otherwise stated,all sums of money or charges payable to Licensor from Licensee by this Agreement,other than Minimum Rent and Overage Rent,are defined as"Additional Rent,"and are due as provided for in this Agreement. 7. Overage Rent Effective upon the Term Commencement Date,Licensee shall pay overage rent(the"Overage Rent")on the tenth(10th)day of each month based upon its"Gross Sales" for the immediately preceding month. "Overage Rent" is defined herein as the percentage of monthly Gross Sales from the Premises over and in excess of a specified annual Gross Sales break point(the"Break Point"),as follows: Tenant to pay 20%of Monthly gross sales from the Leased Premises over Eighteen Thousand Five Dollars And No Cents ($18,500.00). Overage payment is due to landlord by June 1,2021. Failure to submit overage payment by the given date will result in a$50 late fee per statement that is late. Licensee's"Gross Sales"is defined to mean the total amount of dollar value of all sales of merchandise,and sales of services,and rentals of merchandise arising out of or payable on account of the business conducted in,on or from the Premises by or on account of Licensee or any sublessee,assignee,licensee or concessionaire of Licensee,for cash or credit,including all orders for merchandise taken at or sold from the Premises,and including any fees,such as membership fees,activation fees,service fees and related charges. Overage Rent shall be due and payable as Additional Rent.Licensee is obligated to collect State sales tax,where applicable,on its "Gross Sales,"and to pay over such sales tax to the applicable taxing authority or authorities. 8. Additional Provisions The following additional provisions(the"Additional Provisions"),if any,are hereby incorporated into this Agreement.In the event of any conflict between any terms and conditions of this Agreement other than the Additional Provisions, and the Additional Provisions,the terms and conditions of the Additional Provisions shall control. LICENSOR RIGHT TO TERMINATE WITH 30-DAYS WRITTEN NOTICE.Should Licensor exercise termination rights in Section 3,a pro-rated refund will be refunded on only pre-paid rent.Licensor reserves the right to terminate this Agreement and/or to relocate Licensee with 30-days written notice pursuant to Section 3 above regardless of whether or not Licensee is in default. IN-LINE SPACE MAINTENANCE (BY LICENSEE). In addition to Licensee's responsibilities as otherwise set forth in the Agreement,Licensee shall perform all maintenance and repairs needed to the Premises. IN-LINE SPACE UTILITIES: Included in rent. 2IPage CENTRAL MALL PORT ARTHUR REALTY HOLDING, LLC HVAC SERVICE AND MAINTENANCE.LICENSEE'S RESPONSIBILITY.Licensee is responsible to perform HVAC maintenance at least quarterly by a certified technician in order to keep the HVAC system in good working order.Licensee shall provide Licensor,at its Mall Management Office,with a copy of a service contract and any subsequent contracts within ten(10)days after Agreement signing,Licensee must provide copies of any subsequent HVAC service contracts within ten(10)days after they are signed. RENT BY ORDINARY CHECK.Licensee's monthly payments of rent as otherwise provided for in the Agreement may be made by ordinary check. Penalty for late payments will begin on the 10th of each month. Space to be delivered in"as is"condition.Upon expiration of term,Licensee will vacate,broom-clean and return space to Licensor in its original condition,ordinary wear and tear excepted.Any costs incurred for any repairs will be the Licensee's responsibility. Licensee will be permitted to stake the parking lot,however,all repairs must be done prior to leaving the premises and must be approved by Mall Management.Licensee may also use sandbags or water barrels in order to secure operation. Licensee is responsible for trash removal to an offsite location. Licensee is responsible for securing the circus area,including hiring security officers. Licensee to furnish"porta-pottys"for public use during the event.All portable restrooms and waste containers must be removed from the property promptly after the event. Up to twelve(12)sleeping trailers will be allowed on the premises at a location determined by Mall Management. Circus performance dates:May 21-31,2021 Circus performance times: • Monday,Thursday and Friday:8:00pm (No performance on Tuesday and Wednesday) • Saturday:5:00pm&8:00pm • Sunday:2:00pm,5:00pm&8:00pm This agreement shall be considered null and void if the local jurisdiction(which shall include,but not limited to the municipality,city,county or and governing body or semi-governmental authority having jurisdiction over such matters) refuses to issue the tent owner the licenses and permits required to erect and operate a tent on this location and for the time period specified in this agreement. Section II. Operational Provisions 9. Occupancy and Operations at Premises Licensee shall occupy the Premises upon commencement of the Agreement Term.Thereafter,Licensee will continuously occupy the Premises solely for the Permitted Use and for no other purpose whatsoever during all of the mall hours as determined by the Licensor. Licensee further represents that it shall keep the Premises in good,clean and safe condition.On the expiration of the Term of this Agreement,Licensee shall vacate the Premises returning it to Licensor in broom clean condition and fully restored to at least the condition as the Premises was prior to Licensee's taking possession of the Premises. 10. Insurance Co-Holder: CENTRAL MALL PORT ARTHUR REALTY HOLDING,LLC Licensee agrees to carry,at its own expense,throughout the Term of this Agreement,commercial general liability insurance in the broadest form obtainable(including contractual liability coverage) covering the Premises and Licensee's Permitted Use of the Premises with a minimum coverage of One Million Dollars($1,000,000) per occurrence and Two Million Dollars($2,000,000) aggregate for bodily injury and property damage,including loss of use.Licensee's insurance policy(ies)shall be written with insurers licensed to do business in the state in which the Premises is located,shall be in a form satisfactory to Licensor,and shall carry an A.M. Best rating of at least A-.Licensee's policies shall name Licensor as an Additional Insured and shall be endorsed to provide Licensor with no less than ten(10)days prior written notice from Licensee's insurance carrier of cancellation or nonrenewal.Licensee's policies shall also be endorsed to reflect that in the event that coverage benefiting Licensor exists under both Licensoes and Licensee's policies, coverage under Licensee's policies shall be primary. Licensee shall carry, at its sole cost and expense, special perils "all-risk" property coverage on its furniture, fixtures, carpets, improvements and betterments,equipment,inventory,stock in trade and goods placed in the Premises covering the property on a full replacement cost basis. Licensee shall also carry at all times such Workers'Compensation insurance as to comply with the laws and regulations of the state in which the Premises is located,and Licensee shall provide Licensor with a certificate of insurance evidencing coverage currently in force.Licensee shall also carry Employees Liability insurance in the amount of$1,000,000 for each accident,$1,000,000 disease coverage for each employee,and$1,000,000 disease coverage in the aggregate. 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's providing such proof of insurance,Licensee shall provide an additional certificate of insurance to Licensor evidencing the above-required coverages. 3IPage CENTRAL MALL PORT ARTHUR REALTY HOLDING, LLC Licensor and Licensee each release 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 License 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. The insurance policies described in this Section(10)shall be reasonably acceptable to Licensor in form and content,and(ii)shall not be materially changed without at least ten(10)days prior written Notice to Licensor. 11. Licensee Operations;Licensor Disclaimer;Signage;and Visual Merchandising Licensee agrees that Licensor has made no representations,warrantees or guarantees regarding the success or failure of Licensee's business or operations or with respect to projected or anticipated Gross Sales or profits under this Agreement.Licensee acknowledges that Licensor has made no representations concerning the possibility of the extension or renewal of the Agreement Term beyond the period set forth herein.In fact,Licensor and Licensee agree that the Agreement Term shall expire,and Licensee's rights to possession of the Premises shall terminate,upon the Expiration Date(unless the Agreement is terminated earlier than such date).Licensee agrees that any and all merchandise,display equipment,and other items will remain within the confines of the Premises. Signage:Banner signage is not permitted All Licensee's signage must be of professional quality and approved by Licensor prior to the Term Commencement Date. If the Licensee has an in-line space, it must supply its storefront with a three dimensional or raised-lettered sign. Such sign shall be proportionate to the existing fascia size and shall be pre-approved by Licensor. Visual Merchandising: Licensee shall comply with the visual merchandising standards of Licensor.Licensee shall submit a visual merchandising plan for approval.The Licensee understands and agrees to implement visual merchandising recommendations of the Licensor and to change visual merchandising presentation as requested by the Licensor.Licensor reserves the right to approve and to make recommendations and/or changes to Licensee's visual presentation and to Licensee's display of merchandise. Licensor reserves the right to adopt additional visual merchandising standards and policies in the Rules and Regulations. 12. Licensee Records and Statement of Sales Licensee agrees to record all Gross Sales and sales tax at the time each sale is made,whether for cash or credit.Licensee agrees to record such Gross Sales in a(point of sale)cash register containing a cumulative record of sales transactions.Licensee shall report Gross Sales and sales tax to the Licensor on the first to occur of(i)on or prior to the tenth(10th)day of each month following the month in which Gross Sales occurred and(ii)no greater than five(5)days following the Term Expiration Date.Licensee's failure to report Gross Sales to Licensor shall be an event of Default.Licensor shall have the right to audit Licensee's Gross Sales not more frequently than twice per License Agreement Term.If Licensee understates its Gross Sales by greater than 2%,in addition to any other remedy available to Licensor,Licensor has the right to terminate this License Agreement upon 30-days Notice delivered in the manner as provided for in this License Agreement.In this event,Licensee shall remain liable for any and all Rent and monies due pursuant to the terms of this License Agreement.In addition to any other remedy available to Licensor,in the event Gross Sales figures are not provided to Licensor on time,then Licensee shall pay such late fees and/or Fines to Licensor as otherwise provided for in the Rules and Regulations. 13. Indemnification by Licensee To the fullest extent permitted by law,Licensee hereby indemnifies Licensor and agrees to hold harmless and to defend Licensor, Licensor's officers,directors,employees,agents,successors and assigns,and any mortgagee and any master lessor of the Shopping Center,from and against all claims,losses,liabilities,damages,penalties,fines and expenses(including but not limited to attorneys' fees)that arise from or in connection with the use of the Premises,or any portion thereof by the Licensee, its employees,agents, contractors,licensees,or invitees. 14. Damage to Premises;Prohibition of Alterations Licensee is liable for all damages to the Premises and to the Shopping Center.Upon demand,Licensee shall reimburse Licensor for the cost of the repair of the Premises(inclusive of Licensor units),or any other damage elsewhere in the Shopping Center,caused by or arising from the installation or removal of Licensee's property in or from the Premises or from the removal of Licensee's property upon the expiration or earliest termination of this Agreement.Licensee may make no alterations to the Premises. 15. Late Payments and Returned Checks.Licensee Default If any payment hereunder is more than 10 days late,Tenant must pay a late charge equal to 5%of the amount due or$50.00,whichever is greater.Licensee is required to pay a service charge to Licensor of$30.00 on all returned checks.The failure of Licensee to perform any term or condition of this License Agreement,or the failure of Licensee to fulfill any term or obligation of this License Agreement, shall be a Default.If Licensee is in Default,Licensor may pursue such remedy as is provided for in Section 3 of this License 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 rental 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 4IPage CENTRAL MALL PORT ARTHUR REALTY HOLDING, LLC expenses)and/or loss of rent(such loss of rent to be measured by the unpaid rents and other charges due under this License Agreement over the full term hereof)sustained by Licensor as a result of Licensee's Default under this License Agreement.Without limiting Licensor's rights and damages under the terms of this License Agreement or applicable law,if Licensor exercises its right to recover possession of the Premises,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. 16. Assignment and Subletting Licensee shall not sell,assign,mortgage,pledge or transfer this License Agreement or any interest therein,nor sublet all of the Premises or any part of the Premises,nor license concessions or departments therein,without Licensor's prior written approval,which may be withheld at Licensor's sole and absolute discretion. 17. Liability There shall be no personal liability of Licensor with respect to this Agreement.If a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of Licensee's remedies. 18. Terms of License Agreement.Signature by Email or by Other Electronic Means This License Agreement, including any exhibits attached, contains all of the covenants, promises, agreements, conditions, and understandings between Licensor and Licensee.There are no other verbal or written agreements between the parties other than those set forth in this Agreement. If a party returns this Agreement(or a portion of this License Agreement with instructions to insert said portion into the License Agreement)by facsimile,by email,or by other electronic means,then the party sending this Agreement(or a portion of this License Agreement)intends the copy of its signature or initials to be considered to be an original.Such party shall then endeavor promptly to provide an original counterpart of this Agreement(or portion of this Agreement)to the other party. 19. Permits.Lawful Activity.Merchandise Return Policy Licensee shall be responsible for obtaining 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 the Premises(collectively,"Licensee's Licenses").Licensee shall be responsible for payment of all associated costs and expenses associated with Licensee's Licenses.Licensee represents that it has, or shall obtain prior to the Term Commencement Date,all Licensee's Licenses,and Licensee shall have obtained sales,use,and other federal,state,county or local tax permits required with respect to the Permitted Use to be conducted at the Premises. No unlawful activities shall be permitted at the Premises.The consumption or sale of alcoholic beverages on or from the Premises shall not be permitted. Licensee shall post its merchandise return and exchange policy in a location visible to the public at all times during the Agreement Term. 20. Expiration of License Agreement Term.Removal of Licensee's Property At the expiration of the Agreement Term,Licensee shall surrender the Premises in the same condition as they were required to be in on the Commencement Date,reasonable wear and tear and damage by unavoidable casualty excepted,and deliver all keys for the Premises to the office of the Center's general manager.All alterations,changes and additions and all improvements,including leasehold improvements,made by Licensee whether part of Licensee's Work or not,shall remain Licensee's property for the Agreement Term, but shall immediately upon the termination of this Agreement become Licensor's property,be considered part of the Premises,and not be removed without Licensor's written consent,this includes sinks,water heaters,and anything that is bolted,cemented,affixed to the space. If Licensee fails to remove any shelving,decorations,equipment trade fixtures or personal property from the Premises within two(2)days of such termination of the Agreement,they shall become Licensor's property and License shall repair or pay for the repair of any damage done to the Premises resulting from removing same but not for painting or redecorating the Premises. 21. Holding Over If Licensee shall hold possession of the Premises after the expiration of the Agreement Term or termination of this Agreement,at Licensor's option(i)Licensee shall be deemed to be occupying the Premises as a holdover Licensee and agrees to pay Licensor for such period at double the highest Minimum Rent in effect during the Agreement Term or any extensions thereof,plus all Percentage Rent payable under this Agreement,and otherwise subject to all of the terms and conditions of this Agreement,or(ii)Licensor may exercise any other remedies it has under this Agreement or at law or in equity including an action for wrongfully holding over. 22. Hazardous Material Licensee shall not cause or permit any hazardous material to be brought upon,stored,kept,used,or discharged on or about the Premises. SIPage CENTRAL MALL PORT ARTHUR REALTY HOLDING, LLC 23. Maintenance of Premises Licensee shall maintain,at its sole cost and expense,the Premises in good condition and Licensee shall make all necessary replacements and repairs to the Premises except for structural repairs. Licensee shall not scratch or mar,or otherwise damage,the floors,carpet, walls and ceiling of the Premises. 24. Compliance with Laws Licensee shall,at its own expense,comply with all laws,orders,ordinances and with directions of public officers thereunder,with all applicable Board of Fire Insurance Underwriters regulations,and with all other requirements and with all notices from Licensor's mortgagee,respecting all matters of occupancy,condition or maintenance of the Premises,whether such orders or directions shall be directed to Licensee or Licensor,and Licensee shall hold Licensor harmless from any and all costs or expenses on account thereof. 25. Notice Notice to Licensee (including a statement for Minimum Rent, Overage Rent, and Additional Rent owed)or Notice to Licensor (collectively,"Notice")Shall be effective only if Notice is in writing and is(i)delivered in person,(ii)delivered by U.S.mail,or(iii) delivered by a reputable overnight courier.Any such Notice shall be delivered(I)to Licensor at the address set forth in this Agreement, or to such other address as Licensor shall designate by giving written Notice thereof to Licensee;or,(2)if to Licensee,at the address set forth on page 1 of this Agreement or such other address as Licensee shall designate by giving written Notice thereof to Licensor. Any such Notice(including any statement,certificate,request or demand)shall be deemed to have been given upon receipt or refusal of receipt. 26. Survival The obligations of Licensee(i)for payment of rent and charges under this Agreement,(ii)for performance of obligations which by their nature must be performed after the expiration or earlier termination of this Agreement, and(iii) under Section 13 of this Agreement,shall survive the expiration or earlier termination of this Agreement. By signing this License Agreement,Licensee acknowledges that he/she understands ALL provisions included within this Agreement and the Rules and Regulations for the Shopping Center,and ALL provisions within any exhibits attached to this Agreement,and Licensee agrees to be bound by this Agreement. Licensor: Licensee: APPLE ENTERTAINMENT AND CENTRAL MALL PORT ARTHUR Legal Name: PRODUCTION CORP. REALTY HOLDING,LLC DBA: DELMAN CIRCUS Signature: Signature: Print Name: Print Name: Jorge Del Manzano Title: Title: Director Date: Date: 04/19/2021 Tax ID or SSN: (Required) 83-1278769 Wage Ast1/4 40$00,----- 1-7".."4*4"4*%**%%\;$61. 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