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2002-03-11 - Agendas - Final
AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday,March 11,2002 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville,Arkansas. The following items will be considered: Approval of minutes from the February 25,2002 meeting. 1. LSD 02-4.00: Large Scale Development(Danaher, pp 681) was submitted by Ken Parker on behalf of Danaher Tool Group for property located at 2900 S. City Lake Road. The property is zoned I-2, General Industrial and contains approximately 38.06 acres with a 15,000 sq.ft. warehouse proposed 2. ADM 02-10 Administrative Item (Bizy's Cafe, pp 404)was submitted by Kirby Walker for property located at the Crossroads Village Shopping Center at the southeast corner of Crossover and Mission. The property is zoned C-2, Thoroughfare Commercial. The request is for approval of Commercial Design Standards. 3. RZN 02-6.00: Rezoning(Washington Regional Medical Service, pp 212)was submitted by Terry Carpenter of US Infrastructure, Inc. on behalf of Washington Regional Medical Service for property located at 415 Longview Street. The property is zoned A-1, Agricultural and contains approximately 38.6 acres. The request is to rezone to R-O, Residential Office. 4. CUP 02-9.00: Conditional Use(Tinsley's Amusements,Inc.,pp 134)was submitted by Richard Tinsley for property owned by The Macerich Company (Northwest Arkansas Mall)which is located east of Mall Ave., north of Georgetown Place (a private drive). The property is zoned C-2, Thoroughfare Commercial and contains approximately 4.10 acres. The request is for a temporary use of this location for a carnival. 5. Nominating Committee: Appointment of nominating committee for 2002 Planning Commission officers. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning (575-8264), City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request- Applicant C. Public Comment D. Response by Applicant/Questions&Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the Planning Commission. 2002 Planning Commissioners: Bob Estes - Chairman Lorel Hoffman -Vice Chairman Lee Ward- Secretary Nancy Allen Don Bunch Sharon Hoover Don Marr Loren Shackelford Alice Church LSD 02-4.00 Page I PC Meeting of March 11,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Danaher Tool Expansion,LSD 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Sara Edwards,Ron Petrie P.E. DATE: March 11,2002 Project: LSD 02-4.00: Large Scale Development(Danaher, pp 681) was submitted by Ken Parker on behalf of Danaher Tool Group for property located at 2900 S. City Lake Road. The property is zoned I-2, General Industrial and contains approximately 28.72 acres with a 15,000 sq.ft. warehouse proposed. Findings: The request is for a 15,000 square foot warehouse to be constructed on an existing concrete surfaced area. Therefore, the Tree Preservation, Grading, and Drainage Ordinances are not applicable for this project. There is existing parking on the site which is sufficient to meet code requirements for both the existing structures and for the addition. Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. Planning Commission determination of the requested waiver of the requirement to build a six foot sidewalk along City Lake Road. Pursuant to section 171.13.5 of the Unified Development Ordinance sidewalks are required to be constructed for an addition of 2500 square feet or greater. Please see attached ordinance section and request from Danaher Tool. Also see attached memo from the City Attorney and correspondence regarding sidewalk construction. 2. A minimum of five trees shall be planted along City Lake Road to meet the parking lot landscaping requirements. Pursuant to Section 172.1-1.2. of the Unified Development Ordinance nonconforming parking lots are required to be brought into compliance beginning with an expansion of 10%. The expansion of 10%requires 10% of the parking lot to be brought into compliance. This increases with an increased percent of expansion. With the proposed addition, a 16% expansion in square footage is occurring. Therefore the requirement to bring 16% of the parking lot into compliance is for two landscaped islands with two trees.Staff is recommending that five trees be planted along City Lake Road in place of the two islands in the existing parking lot. These trees shall be a minimum 2 inch caliper hardwood species and shall be placed outside of the right of way on private property. Maintenance will be the responsibility of the property owner. Planning Commission March 11, 2002 LSD02-4 Danaher Page 1.1a LSD 02-4.00 Page 2 3. The legal description on the plat shall be revised to include the correct acreage. The current legal description reflects property that was sold to the City. The City Engineering Department has written a correct legal for this property to be used by the applicant. 4. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives -AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 5. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parkinglot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 6. Large scale development shall be valid for one calendar year. 7. Prior to the issuance of a building permit the following is required: Grading and drainage permits Separate easement plat for this project Project Disk with all final revisions Completion of all required improvements or the placement of a surety with the City(letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed Improvements"to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed,not just guaranteed,prior to the issuance of a Certificate of Occupancy Background: The proposed Large Scale Development was reviewed at the February 13, 2002 Technical Plat review and the February 28, 2002 Subdivision Committee meeting. Discussion at the Subdivision Committee meeting included the requested waiver from the sidewalk requirement. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. INFRASTRUCTURE: a) Water. Existing. b) Sanitary sewer. Existing. C) Streets. Existing. Planning Commission March 11, 2002 LSD02-4 Danaher Page 1.2a LSD 02-4.00 Page 3 d) Grading and Drainage. Not applicable. PLANNING COMMISSION ACTION: es Required Approved Denied Date: Comments: CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL", beginning on page one of this report,are accepted in total without exception by the entity requesting approval of this development item. by title date Planning Commission March 11, 2002 LSD02-4 Danaher Page 1.3a O " DANAHER TOOL GROUP 1609 N. OLD MISSOURI ROAD SPRINGDALE, ARKANSAS 72764 TELEPHONE: (501) 751-8500 FAX: (501) 751-6914 February 14, 2002 City of Fayetteville P. O. Box Drawer F Fayetteville, AR 72702 Attn: Tim Conklin,City Planner Sara Edwards, Associate Planner Chuck Rutherford, Sidewalk Administrator On behalf of Danaher Tool Group I would like to formally request a waiver on the sidewalk ordinance (Ord.#4005) in the addition of the proposed warehouse at our facility in Fayetteville. We understand that an agreement was made with the former owners in 1983, however we did not assume ownership of the building until 1991. Therefore the Bill of Assurance is not with Danaher Tool Group,but with another company. The price of the grading and sidewalk will also exceed the amount of monies we have been approved to spend. Approval for the extra monies will have to go through several signatures from here in Arkansas on to North Carolina and then to Washington D.C. Although I do not have the authority to put a halt to this project, it is my opinion that an extra$20,000 to$25,000 for a sidewalk on an original capital request of slightly over$100,000 would be impossible to overcome, given the current economic climate. It would mean not being able to provide 40 to 50 new jobs in Fayetteville and having to look elsewhere. We look forward to continuing this project and ask for your help in the matter. Please do not hesitate to ask for any additional information. I would be very happy to meet with yourself or any other officers of the city to discuss the matter further. Thank you for your consideration, (John (cell phone) 283-5973 Planning Commission March 11, 2002 LSD02-4 Danaher Page 1.4 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE: March 11, 2002 CUP 02-7.00: Conditional Use(Tinsley's Amusements,Inc., pp 134) was submitted by Richard Tinsley for property owned by The Macerich Company (Northwest Arkansas Mall)which is located east of Mall Ave.,north of Georgetown Place(a private drive). The property is zoned C-2,Thoroughfare Commercial and contains approximately 4.10 acres. The request is for the temporary use of this location for a carnival. RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. Planning Commission consideration of the length of operation of the proposed facility. The applicant proposes to operate for 10 days (March 22 ad thru March 31s) while §163.14 allows only 7 days for this type of facility to operate. 2. A Certificate of Zoning Compliance shall be obtained from the City Planning Division for this facility prior to operation. 3. A Temporary Certificate of Occupancy shall be obtained from the City Inspection Division for this facility prior to operation. 4. Any structure over thirty inches (3011) in height shall be setback from property lines as required by C-2 zoning regulations (§161.14)—see attached. 5. Compliance with the City's noise ordinance. 6. Fire Marshal and Building Inspection approval prior to operation of this facility. 7. Provide City of Fayetteville with documentation of approval from Arkansas Department of Labor regarding inspection of carnival rides prior to opening the facility. H IUSERSICOMMONIDAIRVTREPORTSIPC12002 REPORTSIT/NSLES CUP02-7DOC Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.1 8. Trash shall be contained on-site in a sanitary condition with dumpster service secured with a local provider for periodic removal. 9. Utility service shall be contained on-site and provided by the applicant. Generators used for this purpose shall be equipped with mufflers to mitigate noise. 10.No banners or free standing signage shall be permitted. 11.Vehicular access to the site shall be from Mall Ave. only by way of an existing curb cut. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: March 11,2002 Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: On March 7,2002, the Planning Division was contacted by the applicant regarding a carnival which is proposed to operate on the subject property,south of the Northwest Arkansas Mall on the east side of Mall Ave., from March 22 ad thru March 315`. The proposal, as stated in materials submitted by the applicant includes several rides, one novelty food trailer and 8-10 game concessions. Hours of operation are stated to be weekdays 4:00 p.m.— 10:00 p.m., Saturday 12:00 p.m.—11:00 p.m. and Sunday 12:00 p.m.—9:00 p.m. Carnivals and similar temporary facilities are included under uses permitted within use unit 2 in the City's Unified Development Ordinance. Any use within this category requires conditional use approval from the Planning Commission. Additional regulations do apply to this particular use and they are stated in §163.10 as follows: H IUSERSICOMMONIDA WNTVtEPOR7SIPC12002 REPORTSITINSLER CUP02-7DOC Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.2 §163.10 CARNIVAL, CIRCUS, OR SIMILAR TEMPORARY OPEN-AIR ENTERPRISE. A. Location of Structure.Any carnival, circus, amusement park,tent revival or similar temporary open-air enterprise shall be so located that no facilities are nearer than 500 feet to any occupied dwelling. Adequate off-street parking, access controls, lighting and utility connections shall be provided. B. Temporary Use Permit. All such enterprises shall obtain a temporary occupancy permit which shall be valid for not more than seven days and shall not be granted for more than three such periods for the same location within any 90-day period. (Code 1991, §160.081; Code 1965, App. A,Art. 7(6); Ord.No. 1747, 6-29-70) SURROUNDING LAND USE AND ZONING North: Northwest Arkansas Mall, C-2 South: McDonald's, C-2 East: Professional offices, C-2 West: Best Buy, C-2 GENERAL PLAN DESIGNATION Regional Commercial § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. H'IUSERSICOMMOAWA WN7IREPORTSIPC11001_REPOR7SITINSLES' CUP02-7DOC Planning Commission March Il, 2002 CUP02-9 Tinsley's Amusements Page 4.3 Finding: The applicant has submitted a written request for conditional use approval for a carnival on the subject property as provided under§163.10. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 2. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under§163.10 and §161.14 to grant the requested conditional use. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the conditional use with recommended conditions will not adversely affect the public interest. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following,where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: The applicant proposes to utilize an existing curb cut to provide access to this facility. One access,from Mall Ave.will serve the site. H.-i USERSICOMMOMDA HN7I REPORTSI PC12002_REPORTSITINSLEF'_CUP02-7DOC Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.4 (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic,noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: Off-street parking shall be provided by the applicant on the subject property. This area is currently a gravel parking lot used by the Northwest Arkansas Mall for overflow or employee parking during the holiday shopping season. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall provide adequate accommodations for trash disposal to include 55 gallon barrels with plastic liners located throughout the grounds and dumpster service from a local provider. Barrels will be emptied each evening and periodic pick up for the dumpster will be arranged. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: The applicant proposes to utilize generators to provide required electric service to the site for the purpose of this event. These generators will be equipped with mufflers to mitigate noise. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: None proposed. All surrounding uses are commercial in nature and located on property within the same zoning district as the subject property. (£) Signs, if any, and proposed exterior lighting with reference to glare,traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: The applicant proposes no banners or free standing signage for this facility. (g.) Required yards and other open space; and Finding: Required setbacks for any structure over 30" in height will be based on the requirements of the C-2 zoning district and shall be noted on the Temporary H.IUSERSICOMMOMDA WnREPOR7SIPC11002_REPORTSITINSLES_CUP02-7DOC Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.5 Certificate of Occupancy issued by the City. (h.) General compatibility with adjacent properties and other property in the district. Finding: This temporary use is compatible with adjacent properties and with other property within the C-2 zoning district. This property has been used in the past for similar types of functions. Surrounding uses include restaurants, retail shopping locations, a bank and professional offices. IL IUSERSICOMMONIDA WNIIREPOR7"SIPCI2002 REPORTSITINSLES CUP02-7DOC Planning Commission March ll, 2002 CUP02-9 Tinsley's Amusements Page 4.6 §161.14 DISTRICT C-2 THOROUGH- Appeal to the Planning Commission. FARE COMMERCIAL. Unit 2 City-Wide Uses by A. Purpose. The Thoroughfare Conditional Use Permit Commercial District is designed especially Unit 3 Public Protection and Utility to encourage the functional grouping of Facilities these commercial enterprises catering primarily to highway travelers. Unit 21 Warehousing and Wholesale B. Uses. Unit 28 Center for Collecting Recyclable Materials 1. Permitted Uses. Unit 32 1 Sexually Oriented Business Unit 1 City-Wide Uses by Right C. Bulk and Area Regulations. Unit 4 Cultural and Recreational Setback lines shall meet the following Facilities minimum requirements. Unit 12 Offices, Studios and Related From Street ROW 50 ft. Services From Side Property None Unit 13 Eating Places Line Unit 14 Hotel, Motel and Amusement From Side Property 15 ft. Facilities Line When Contiguous to a Residential District Unit 15 Neighborhood Shopping Goods From Back Property 20 ft. Unit 16 Shopping Goods Line Unit 17 Trades and Services D. Building Area. On any lot the area occupied by all buildings shall not Unit 18 Gasoline Service Stations and exceed 60% of the total area of such lot. Drive-In Restaurants Unit 19 Commercial Recreation E. Height Regulations.hi District C-2 any building which exceeds the height Unit 20 Commercial Recreation,Large of 20 feet shall be set back from any Sites boundary line of any residential district a distance of one foot for each foot of height Unit 24 Outdoor Advertising in excess of 20 feet. No building shall Unit 33 Adult Live Entertainment Club exceed six stories or 75 feet in height. or Bar (Code 1991,§160.036;Code 1965,App.A,Art. 5(VI);Ord.No. 1747,6-29-89;Ord.No. 1833, 11-1- 71;Ord.No.2351,6-2-177;Ord.No.2603,2-19-80; 2. Uses Permissible on Ord.No.4034,§§3,4,4-15-97) H:IUSERSICOMMOMDAWNTIREPOR7'SIPC12002 REPORTSI77NSLEF CUP02-7DOC Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.7 FROM TINSLEYS AMUSEMENTS FAX NO. : 6365852600 Mar. 07 2002 02:35PM P1 Tinsley 's Amusements, Inc. P.U.Box 77 (636) 585-2221 1014 Boonslick Road (888) 237-0444 High Hill, MO 63350 Fax (636)585-2600 March 7, 2002 Attn: Tim Conklin FAX 501-575-8316 We w-rald appreciate the consideration of the City of Fayetteville, Arkansas to hold a carnival on the Northwest Arkansas Mall property, March 22-31, 2002. The unit would consist of fifteen (15) rides, one (1) novelty food trailer and 8-10 game concesions. Hours to be 4PM-10PM weekdays and 12:OOPM - ll;OOPM Saturday and 12:OOPM - 9:OOPM Sunday, weather permitting. All tho State of Arkansas permitting has been applied and inspections slated before opening. A copy of our insurance can be forwarded upon request. Proposed ride list ---- Merry go round Scrambler Hampton Combo-Kiddie Cars 2umur - Swings Rio Grande Train Bumper Cars Strawberry go round Tilt-a-whirl Mini Jet - Elephants Starship 2000 Orient Express Ali Baba Alpine Fun House Pharaohs Fury Super Slide If any additional information is needed, please give our office a call. Thank you. Richard C. Tinsley - ; Iwo'„'-;:.. �`'��'�,_• �• `. ATTRACTIONS RIDES Pl in mmis ion CUP02-9 Tinsley's Amusements Page 4.8 52 N\ \ A E F�f'R• k may ' A LL Av y \ ��. q�x +7�>�" � T.1 v'"t'%p '�L\ t��>'' `.,a».^•+ `> a � ' ��:ret4 1 , , i ?�"Su 4{ �:,1 ,, ♦ y,, }s rt� v ��o f fh t if i a _ j M f- Y) V X VAR.�� y F L-Uy 1 114 3 'tr " � f} t, i 1 4 tit ['rr d_pt Pf ?1� &0011'i" 'S-` V Q� •l _ 4 ' Sty j i. �,, �q L E G i ��`- Y ri � .-•i 6 �,�� t J,f a�j l 1 i9�f-}'�+ -:�zj:£5 r aY -��`e]� > l rzez.,• a - m a S.�a ff jjdtj �Sn ! t f �f a€. ..• �'i1 •=r" y .:� �t`fl Y� S +�_te'n-1p„ E_v B yam, < a FROM : TINSLEYS AMUSEMENTS FAX No. : 6365852600 Mar. 07 2002 03:17PM P1 Tinsley 's Amusements, Inc. P.O. Box 77 (636) 585-2221 1014 Boonslick Road (888)237-0444 High Hill, MO 63350 Fax (636) 585-2600 Marcie 7, 2002:. Attn: Tim Conklin FAX 501-575-8316 Tinsley's Amusements has been in the amusement business for over 40 years. We have previously played the Northwest Arkansas Mall area, the last being June, 1999. We also had a carrousel in the Mall in 1991 and 1992. Tinsley's Amusements presently playsthe Westfield Malls in the St. Louis area including a permanent installation of a carrousel in their Crestwood Plaza, many church picnics in the St. Louis area, fairs and festivals in Missouri an-3 Central Illinois. You may contact any of the following as references --- Rolla Lions Club, Rolla, MO Stoddard County Fair, Dexter, MO American Legion, Cotton Carnival, Sikeston, MO Decatur Festival, Fred Puglia, Decatur, IL Azalea Festival, Fredericktown, MO NO. American Entertainment, Tulsa, OK Mark Finnerty If any additional information is needed, please give the office a call. Thank you, Richard C. Tinsley by Sandy George 1 ;t. ATTRACTIONS RIDES Plannin Commission COW"OPM2 CUP02-9 Tinsley's Amusements Page 4.10 FROM TINSLEYS AMUSEMENTS FAX NO. : 6365852600 Mar.. 07 2002 03: 18PM P2 �r1 fYCn n C,¢ 41 Av n I I 5 h A� `I yX 1 ` Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.11 • .I{ WR *EXISTING TENANT p-560' SPECIALTY LEASE AGREEMENT This Specialty Lease Agreement("Agreement")is made as of this 31st day of January. 2002,by and between Macerich Fayetteville Limited Partnership LLC(the"Landlord")and Mr.Richard Tinsley dba Timlev's Amusements.Inc (the"Tenant"),baud on the following facts and circumstances: A. Landlord is the owner of certain real property,commonly known as Northwest Arkansas Mall('Center');and B. Tenant desires to lease certain premises at the Center. C. If Tenant is also leasing personal property(CART UNrr)from Landlord see exhibit"C"attached. In consideration of the rent and other charges to be paid and the covenants to be performed by Tenant hereunder, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord,the Premises hereinafter described,upon the terms and conditions hereinafter set forth: 1. Premises. The "Premises" are located within the portion of the Center known as Floor space N 3005 containing approximately 2500 square feet, which location is depicted on Exhibit"A"attached hereto and made a part hereof by this reference,where the Tenant is permitted to display and sell its merchandise. No other portion of the Center may be used by Tenant except for the Common Area in common with other persons. As used herein,the term"Common Area'shall mean all realty and improvements in or at the Center now or hereafter made available by Landlord for the general use,convenience and benefit of Tenant and other tenants upon the Center. Tenant agrees that the Promises may be relocated at any time at the discretion of,and without liability to,the Landlord. 2. Term. The"Term'of this Agreement shall commence on March 22,2002(the"Commencement Date")and will expire on March 31.2002 unless sooner terminated as provided herein. Tenant will operate its business upon the Premises throughout the Term. Tenant agrees that Tenant's rights under this Agreement may be terminated upon(3,days written notice from Landlord in Landlord's sole and absolute discretion and without cause. 3. Use, Tenant shall use the Premises during the Term for the solepurpose of displaying and selling(subject to the approval of landlord)to the public at retail carnival rides and concessions and for no other use or purpose. 4. Security Deposit. On or before the Commencement Date,Tenant shall deposit with Landlord a Security_ Deposit for full performance of all Tenant's obligations under the Agreement in the amount of N/ADollars($N WA. Under no circumstances whatsoever shall the Security Depositbe deemed to constitute paymentof any portion of Ban Rent, Percentage Rent or any other sum due to Landlord. In the event of==Italian by Tenant prior to the Commencement Date or expiration date,Landlord shall retain the Security Deposit. This deposit shall not be in lieu of Landlord's other remedies under this Agreement or at law,and acceptance by Landlord of such charge shall not preclude Landlord from seeking any other available remedy. - 5. Exchanges and Refund Policy..Tenant shall be required to exchange or refund all merchandise with receipt, to the customer within(30)days from the purchase date. Tenant shall not limit the return of merchandise to exchanges or merchant credits,and"Exchanges Only'or similar signs are not permitted. In the event Tenant violates any provisions of the exchange/refund policy,Landlord shall beentitledto utilize Tenant's security deposit,to remedy any such violations, and Tenant shall immediately replenish the security deposit to its original amount. 6..Fees. Tenant shall pay to Landlord the following Fees for Tenant's use of the Premises,the sum of$5 00_0 00 for the term total of this lease agreement Unless otherwise provided herein, all fees due Landlord pursuant to this Agreement shall be paid in advance on or before the first day of each calendar month during the Term by Tenant by Certified Check or Money Order payable to Landlord. In the event the Term covers only a portion of any specific calendar month,the Ban Rent and the Other RentfContributlons for such month,as well as the base sales dollar amount(s)provided in Paragraph 7 below,shall be prorated by multiplying such amounts by a fraction,the numerator of which is the number of days in such calendar month which fall within the Term and the denominator which is 30. Payment Schedule: Fees shall be paid monthly and for Landlord accounting purposes shall be allocated as follows: Payment Marketing Data Perrerm I I - Min Rent CAM RTAX Fund Cart Rental Fee 03122/02 $5,000.00 II $5,000.00 I I I I I I The fees noted below are in addition to those noted in paragraph 6 and will not be included with any % rent calculation. Then fees will cover any miscelleneous fees for visual merchandising,utility,application fees etc. Payment Due Per Term Fee Description Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Revised 9/01/01 1 Page 4.12 7. Percentage Rent. Tenant shall pay to Landlord,as"Percentage Rent,"an amount equal to 10%of the excess of all gross sales and revenues(as hereinafter defined)made at the Premises during each calendar month during the Term over base sales of $50000. Percentage Rent shall be due and payable for each month on or before the 15th day of the following calendar month during the Term(and within 15 days after the end of the Term)and delivered to the Landlord. I(Breakumnif changes during the term Please note here: From to %of the excess of all gross sales and revenues made at the Premises during the term over base sales of$ per month From to %of the excess of all gross sales and revenues made at the Premises during the term over base sales of$ per month From to %of the excess of all gross sales and revenues made at the Premises during the term over base sales of$ per month From to %of the excess of all gross sales and revenues made at the Premises during the term over base sales of$ per month 8. Utilities. In the event electricity and/or any other utility is separately metered to the Premises,Tenant shall solely be responsible for contracting for such separately metered utility and shall pay all costs directly to the utility supplier. Tenant shall be solely responsible for using any and all utilities in a safe and hazardless manner,complying in all respects with applicable codes and ordinances. 9. Plans and Specifications. Tenant shall perform,at Tenant's sole cost and expense,any and all refurbishing to the Premises as necessary to bring the Premises into an appropriate operating condition,all in accordance with architectural and construction plans and other data approved by Landlord. Tenant agrees to submit for Landlord's approval all such architectural and construction plans and other data not later than fifteen(15)days from the date of this Agreement. Upon _ approval by Landlord of such plans and data, Tenant shall commence and diligently prosecute to:completion the construction and installation of Tenant's improvements in the Premises strictly in accordance with such approved plans and data. All store signage must be approved by Landlordprior to installation by authorized sign company or installation contractor..Tenant must have storefront signage installed prior to store opening. No changes, modifications or alterations may be made to said approved plans or other data without the prior written consent of Landlord. In the event Tenant's improvements have not been constructed in strict accordance with said approved plans,Tenant,upon Landlord's request,shall immediately remove its improvements and other personal property from the Premises and this Agreement shall thereon immediately terminate. In such event,Landlord may recover from Tenant the unpaid rent which would have been earned after termination and any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Agreement. Upon the expiration or earlier termination of this Agreement,Landlord shall have the option,which option may he exercised in Landlord's sole and absolute discretion,to require Tenant to either(i)quit and surrender the Premises with all improvements thereon or(ii)remove all Tenant's improvements from the Premises and take all steps necessary to restore the Premises to its condition on the date hereof. 10. Mechanics'Liens. Tenant agrees not to permit or cause any mechanic's lien to be filed against the Premises or the Center by reason of any work,labor,services or material performed at or furnished to the Premises,to Tenant,or to anyone holding the Premises through or under the Tenant Nothing in this Agreement shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises to any mechanic's liens or liability under the mechanic's lien laws in the state in which the Center is located. 11. Sales Report. Within 5 days after the end of each calendar month during the Term,and weekly during the months of November and December,Tenant shall deliver to Landlord a written report of all gross sales and revenues during the month just ended with "Z" tapes attached, certified as tine and correct signed by Tenant. For purposes of this Agreement,"gross sales and revenues"shall mean the selling price of all goods,memhandise and services sold, leased, licensed or delivered in,upon and/or from the Premises by Tenant,its subtenants,licensees and/or concessionaires or any other person,firm or entity;provided,however,that gross sales and revenues shall exclude sales tax specifically paid by customers as part of the sales prim and collected by Tenant to be paid to the taxing authority. In the event Tenant fails to deliver such report by such date,in addition to all other rights and remedies of Landlord,Tenant sball pay Landlord a late charge of Twenty Five Dollars($2L00J,which shall become immediately due and payable. Such charge shall not be in lieu of Landlord's other remedies under this Agreement or at law, and acceptance by Landlord of such charge shall not preclude Landlord from seeking any other available remedy. Landlord will have the right from time to time,upon three(3) days written notice,to audit or examine all of Tenant's sales records. If any de[Ictt-enicy,in! payment of the Percentage ant Rent is disclosed by such audit,Tenshall immediately pay such deficiency t S��k�bS${AIte Landlord s audit. March 11, 2002 CUP02-9 Tinsley's Amusements 2 Page 4.13 Revised 9/p1N1 g 12. Late Charges. If Tenant shall fail to make any payment of Security Deposit,Fees(as noted in paragmph 6), Percentage Rent,or any other charge to be paid hereunder when due,Tenant shall pay Landlord a late charge equal to Twenty Five dollars 25.00.Payment will be due within 3 days of written notice of default If default continues for a period in excess of five(5)days,Tenant in addition shall pay Landlord interest on the amounts owing(until paid)at a rate equal to the lesser of(i)twelve percent(12%)per annum;or(ii)the maximum legal rate. These late charges shall not be in lieu of Landlord's other remedies under this Agreement or at law,and acceptance by Landlord of such charges shall not preclude Landlord from seeking any other available remedy. 13. Duty to Maintain. Tenant shall,at its sole cost and expense,keep the Premises and all equipment,fixtures and plate glass therein in a clean and wholesome condition,in good order and repair,free and clear of litter and debris and free from any objectionable noises,odors or nuisances and in compliance with all health and police regulations, in all respects and at all times. In the event the Premises involve a kiosk or are otherwise within the Common Area,Tenant's duty to maintain as provided by the foregoing sentence shall also apply to the Common Area within a radius of twenty feet (20')of the Premises. Tenant agrees to dispose of litter and debris only in receptacles designated by Landlord. If Tenant refuses or neglects to make repairs or perform maintenance as required hereby, Landlord shall have the right(without notice in emergency situations and upon reasonable notice in other situations),but not the obligation,to make such repairs or perform such maintenance and to bill Tenant for the reasonable costs thereof,which costs shall be immediately payable by Tenant to Landlord as additional rent 14. Compliance with Lawe. Tenant shall,at its sole cost and expense,comply with all laws,ordinances,orders, rules and regulations(state,federal, municipal or any other agency having or claiming jurisdiction) related to the use, occupancy or condition of the Premises. All business licenses and other applicable permits and licenses shall be secured and paid for by Tenant. - 15. Manner of Operation. At all times,Tenant shall conduct its activities in a tasteful manner in accordance with Landlord's rules and regulations for the Center as described in Paragraph 18 of this Agreement and in a manner that will compliment the aesthetics of the Premises and the Center. 16. Insurance. Tenant,at its sole cost and expense,shall obtain and keep in full form and effect during the Term a policy of comprehensive general liability and special form(all-risk)insurance,including without limitation broad form property damage liability and personal injury liability coverage,insuring Landlord and Tenant against any liability arising out of the use or occupancy of the Promises and all areas appurtenant thereto. Said insurance shall at all times be in an amount of not less than One Million Dollars(51,000,000.00)combined each occurrence in the aggregate for personal and bodily injury and property damage. All such insurance shall specifically insure the performance by Tenant of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property contained in Paragraph 17 of this Agreement. Said policy shall also name as additional insureds Landlord, the Center's management company and the Center's Merchants'Association and all other entities requested by Landlord. Tenant shall also obtain and keep in full force and effect during the term of this Agreement,Workers'Compensation Insurance as required by the laws of the State in which the Center is located. A certificate evidencing the coverage required under this Paragraph 16 shall be delivered to Landlord not less than fifteen(15)days prior to Tenant entering upon the Center. Such certificate shall contain a provision that Landlord and Tenant shall be given a minimum of ten(10)days written notice by the insurer prior to cancellation, termination or material change in such insurance. 17. Indemnity. Tenant shall indemnify,defend and hold Landlord harmless from and against any and all loss, cost,damage,injury or expense arising out of or in any way related to claims of injury to or death of persons,or damage to _property,occurring or resulting directly or indirectly from the use or occupancy of the Premises or activities of Tenant in or about the Premises or Center,except to the extent such claims arise solely from the gross negligence of Landlord; such indemnity shall include,without limitation,the obligation to provide all costs of defense against such claims. 18. Rules and Regulations. Tenant agrees to comply with(and cause its officers,employees,contractors,invitees and all others doing business with Tenant,to comply with)all riles and regulations of general applicability regarding the Center as may be established by Landlord at any time and from time to time during the Term,including without limitation mles and regulations pertaining to signs. See exhibit"B"attached for detailed operating roles. - 19. Hours of Operation. Tenant shall be open for business at the Premises during all regular Center hours,and hours as at such other hours a majority of the other businesses operating at the Center are open. Accordingly,with respect to any day during the Term that Tenant shall fail to be open for all the hours provided for above,Tenant shall pay a charge of Fifty Dollars($50.00)which shall become immediately due and payable,within 3 days of written notice of default. Such charge shall not be in lieu of Landlord's other remedies under this Agreement or at law, and acceptance by Landlord of such charge shall not preclude Landlord from seeking any other available remedy. 20. Assignment. This Agreement, and the rights granted hereunder, are personal to Tenant and are non- assignable and non-transferable by Tenant Any attempted assignment or other transfer of this Agreement,or sublease of any rights hereunder,by Tenant(collectively,"assign"and/or an"assignment")shall be null and void,have no effect and wafer no rights upon any third party. Subject to the foregoing,the term,and conditions of this Agreement shall be binding upon and more to the benefit of Landlord and Tenant and their respective successors, assigns, heirs, administrators, executors and representatives. 21. Default The occurrence of any of the following shall constitute an phAgaebOW of Tenant: March 11, 2002 CUP02-9 Tinsley's Amusements ag45ea 9101101 3 Page 4.14 i.Any failure by Tenant to pay any sums due hereunder if such failure continues for a period of time in excess of three(3)days after notice from Landlord to Tenant(which notice shall be in lieu of,and not in addition to,any notice required by law); ii.Any failure by Tenant to perform any other of the terms,conditions,or covenants of this Agreement to be observed or performed by Tenant if such failure continues for a period of time in excess of 3 days after notice from Landlord to Tenant(which notice shall be in lieu of,and not in addition to,any notice required by law); iii.If(1)Tenant should institute arty proceedings under the Bankruptcy Act,as such now exists or under any amendments,reenactments,or replacements thereof that may hereinafter be enacted,or under any other act relating to the subject of insolvency or bankruptcy,whether in such proceeding Tenant seeks to be adjudicated a bankrupt,or to be discharged of its debts or to effect a plan of liquidation,composition or reorganization;or(2)any involuntary proceeding should be Sled against Tenant under any such bankruptcy laws;or(3)Tenant should become insolvent or be adjudicated a bankrupt in any court of competent jurisdiction,or a receiver or trustee should be appointed of Tenant's property,or Tenant should make assignment for the benefit of creditors;or(4) mem should occur the attachment,execution,or other judicial seizure of substantially all of Tenant's assets located at the Promises, or if a writ of attachment is executed on this Agreement;or(5)this Agreement,or any interest therein or to the Premises,should otherwise by operation of law dissolve or pass to any person or persons other than Tenant; iv.Tenant's abandonment of the Premises;in which case remainder of Fees for the term of the agreement am immediately due and payable;or v.Term's attempt to"assign"this Agreement or any of Tenant's rights hereunder contrary to Paragraph 20 of this Agreement. If an event of default occurs,then Landlord,in addition to any other rights or remedies it may have at law or in equity or under this Agreement,shall have the immediate right to unilaterally temdrte this Agreement and to remove all persons and property from the Premises(such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant),all without service of notice or resort to legal process and without being deemed guilty of trespass,or becoming liable for any loss or damage which may be occasioned thereby. 22. Termination. Upon the expiration or earlier termination of this Agreement for any reason whatsoever, Tenant shall leave the Premises in a neat and broom clean condition,free of debris and in as good condition as when the Premises were originally delivered to Tenant, ordinary wear and tear and casualty damage excepted,and shall promptly remove all personal property placed on the Premises by or on behalf of Tenant.Tenant hereby authorizes and irrevocably appoints Landlord as its true and lawful attomey-in-fact to remove all such personal property upon Tenant's failure to remove all personal property from the Center within three (3) days after the expiration or earlier termination of this Agreement. Tenant hereby waives any and all loss or damage thereto arising from the exercise of this power,and covenants to indemnify and hold harmless Landlord from and against any costs,claims,liens,damages or attorney fees,costs and disbursements arising from such removal. 23. Suitability of Premises. Tenant hereby accepts the Premises in an"AS IS"condition and Landlord expressly disclaims any warranty or representation with regard to the condition, safety, security or suitability of the Center or Premises. It is understood by Tenant that Landlord does not provide security protection for the Promises and/or Tenant's personal property. - 24. Landlord's Access to Premises. Tenant agrees that Landlord,its agents,employees or any person authorized , by Landlord may enter the Premises at reasonable times for the purpose of inspecting its condition, making repairs or improvements to the Premises or the Center as Landlord may elect(or be required)to make or exhibiting the Premises to prospective lessees. Landlord agrees not to disturb Tenant's conduct of business during such access except in the case of emergency. 25. Entire Aarecom , This Agreement contains the entire agreement of the parties. Any representations or modifications concerning this instrument shall be of no force and effect,excepting a subsequent modification in writing signed by the party to be charged. 26. Notices. All notices required hereunder shall be in writing and may be delivered by personal service to the other party(in which case such notice shall be deemed delivered as of the day of such delivery),or sent postage prepaid by certified mail,return receipt requested(in which case such notice shall be deemed delivered as of the third day after the date of such mailing),to the address set forth below each party's signature block. 27. Severability. If any term or provision of this Agreement or any portion of a term or provision hereof or the application thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby,and each term and provision of this Agreement and each portionthereof shall be valid and be enforced to the fullest extent permitted by law. 28. Captions and Terms. The captions and section numbers appearing in the Agreement am for convenience only and are not a part of the Agreement and do not in any way limit,amplify,define,construe or describe the scope or intent of the terms and provisions of this Agreement,nor in any way affect this Agreement. Pitnnir�Q(' m ssi n 29. Hazardous Materials. Tenant shalt at all times in all respects comply wtltya1 0y��pJ,1SY,�gc and local laws, ordinances and regulations relating to industrial hygiene, environmental protectiorll✓dVifi dsE, 3fm5ffsis, generation, CUP02-9 Tinsley's Amusements aermsmarovot . 4 Page 4.15 manufacture, storage, presence, disposal or transportation of petroleum products or by-products, or hazardousor toxic substances,materials or waste which is or becomes regulated by any local,state or federal agency(collectively,"Hazardous Materials"). Tenant shall not cause or permit any Hazardous Materials to be brought upon,kept or used in or about the Promises;without the prior written consent of Landlord,which consent may be withheld in Landlord's sole and absolute discretion. 30. WastetTrash Removal. Without limiting the generality of the foregoing paragraph,in the event waste and or trash removal for the Premises is separately provided to the Premises,Tenant shall be solely responsible for contracting for such separately provided service and shall pay all costs directly to the service provider. 31. Unauthorized Communications Devices. Tenant shall not install or operate(excluding cellular phones or pagers)or permit the installation or operation,at the Center or within the premises of any device,equipment of facility for transmitting,receiving,relaying or amplifying communications signals used or operated as a part of a telecommunications network or global positioning system, or otherwise emitting or receiving signals, frequencies, video date or voice communications,including,without limitation,any dish,panel,antenna,satellite or cellular communications equipment, amplifiers,microcells,picocells or other similar devices or equipment(collectively,"Communications Devices"). If Tenant -fails to comply with the provisions of this Section 32,then in addition to Landlord's other remedies under this Lease, Landlord shall have the right to collect from Tenant in addition to to other Rent,a sum equal to twice the Fixed Minimum Rent(prorated on a daily basis)for each full or partial day Tenant fails to comply with the provisions of this Section 32. Tenant acknowledges that its failure to comply with this Section 32 will cause Landlord to suffer damages which will be difficult to ascertain and that the sum payable by Tenant under this section 32 represents a fair estimate of such damages. The preceding prohibition shall not preclude Tenant from the use of any of the following, if in each such case such telephones,cellular phones,computers and other permitted devices are used only by Tenant and used only in the ordinary course of Tenant's business at the Premises for the Permitted Use: (a)Telephones and computers connected directly to telephone lines provided to the Premises,(b)cellular telephones using cellular transmission stations outside the Center of (c) low-key cellular telephones used only for internal communications within the Premises or to a station within the Premises when the station is connected to a telephone line provided to the Premises. 32. Time of the Essence:Nonwaiver. Time is of the essence of each and every provision of this Agreement. The waiver by Landlord in my instance of any term,covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition in any other instance and shall not be deemed a waiver of Landlord's rights and remedies with respect to any subsequent breach of the same or any other term,covenant or condition herein contained. The subsequent acceptance of Base Rent,Percentage Rent,Other RentlContribution or any other sum hereunder by landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term,covenant or condition of this Agreement regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such sum. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written It is understood that all terms and conditions of this lease.areconfidential. Planning Commission March 11, 2002 CUPO2-9 Tinsley's Amusements ReNsetl 9/01/01 5 1 Page 4.16 Landlord: Tenant: Macerich Fayetteville Limited Richard Tinsley,President Partnership LLC By: Maccrich Management Company or dba: Ti le 's Amuseme nc Macerich Property Management Company, LLC,a Delaware limited liability company By: (as the case may be),its////MM/llaanaging Agent ///1� ///� ` By. By: l-d1..CA� By: Name: Alice Churoh Title: Senior Property Manager Name(s):.Richard Address: 4201 North Shiloh Drive Tinsley Fayetteville,AR 72703 Phone: 501/521.6152 Date: Title: Owner Address: P.O.Box 77 High Hill,MO 63350. Phone: 636/585-2221 Fax: (�3G—.5�5=.a6r70 Date: SSN or Federal Employer Identification Number: 213-/8a9Go3 (Note:Must be supplied or Landlord will not enter into this agreement.) Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Renscwarotrot 6 Page 4.17 _ �cnm � vo HOPI U mE n g$E aZa CL 20 A syEg; zl a F - ti f ' .y11Nis, 9• � �� n ,111� R11'V i o �`3a�r rJ ONN� �3NN c� I Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.18 EXHIBIT B OPERATING RULES Tenant covenants and agrees that Tenant will comply with the rules and regulations set by Landlord from time to time for the operation of the Center, including but not limited to those described in the Specialty Leasing Operations manuals and the following: 1. Tenant shall use and occupy the Premises in a careful,safe and proper manner and shall keep the Remises in a clean and safe condition. 2. All loading and unloading of goods shall be done only at such time,in the area and through the entrances designated for such purpose by Landlord. 3. Set up or takedown of cart display,or delivery of boxed merchandise must be accomplished before or after Center hours. 4. All garbage and refuse shall be kept in the interior of the cart or kiosk storage and shall be placed for collection in the malls main trash receptacles usually located at various dock entrances. 5. No loudspeakers,televisions,photographs,radios,flashing lights or other devices shall be used without the prior written consent of the Landlord. 6. Tenant shall not operate.any equipment which emits an odor deemed offensive in nature,with the exception of soap and potpourri odors. 7. Tenant and or its employees shall not distribute any handbills or other advertising material in the Center or on automobiles parked in the parking areas. 8. All premises must be adequately stocked,with themerchandise permitted to be sold as detailed in the use clause of the Agreement and be kept neat in appearance and manned during all operating hours. Tenant is required to accept mall Gift Certificates as a form of payment for merchandise sold. 9. Any signage must be approved by Center management and be professionally printed.:A maximum of two (2)signs are allowed per cart/kiosk and may only be attached to the can or merchandise.display. 10. Tenant shall,within fourteen(14)days prior to the commencement date,provide.Landlord with a visual merchandising plan. If using visual merchandiser,it is Tenants responsibility to contact the visual merchandiser and meet to discuss details regarding set up. All Tenant supplied fixtures must be professionally made. Any exceptions to the above display regulations must receive prior approval from Center management. H. Can&kiosk tenants and their employees may not eat,smoke or drink at their operation at any time. 12. Fraternizing with friends and family or reading books while working the cart or kiosk is unprofessional behavior and discourages business and therefore,is unacceptable. 13. Tenant and Tenant's employees shall not park their motor vehicles in those portions of the parking area designed for customer puking by Landlord. If Tenant or Tenant's employees shall park in portions of the parking area designate for customer parking,Center management or Security may attach violation stickers or notices to such cars and have any such vehicle removed at employee's expense. 14. Storage of excess inventory,security curtain,trash cans and miscellaneous supplies or personal belongings must be inside the cart or kiosk storage areas or storage areas which can be leased from the Center's management(available on a limited bases). 15. Tenant shall,at ALL TIMES offer customers a satisfactory return and/or exchange policy on all purchases within thirty(30)days with receipt and merchandise. In the event Tenant cannot satisfy customer with an exchange,Tenant shall be required to fully refund to customer the complete purchase price in the form of payment made the to Tenant. This policy shall not apply if due to customer negligence. This policy is enforceable to the extent that it does not otherwise contradict applicable City, State or Federal safety,hygiene or food laws. 16. If Tenant should fail to comply with any rule or regulation set forth in the Agreement or these Operating Rules,and Landlord shall become involved in attempting to enforce compliance by Tenant,Tenant agrees to pay Landlord a$50.00 administrative fee,per each occurrence,upon demand. The payment of an administrative fee by Tenant shall not waive any other remedies available to Landlord under this _ Agreement or by law. - 17. Failure to comply with any of these Operating Rules will result9Jt jpgii@Wh*AftMment. March 11, 2002 18. Items 3,4,11,12,and 14 apply to common area cat[and k'�9sk upits qn y, Amusements t,'UPUL 971nsley s 7 Page 4.19 Revisetl 9101/01 CUP02-09.00 TINSLEY"S AMUSEMENTS INC. Close Up View P&NPTE D0. - ZIUNR ---_-ZIUN Rrl'� ¢CI / 1 j, 1 ix 31 lam PrIt oposed Site c a SHEPHERDW > Q < -�a��T�w`v r A_T Ix MW c C.q- -.PRNATE DR - I h y 'i la A, ILL e-z o � 00000000o�oo°p --. 1 " . � °° eI 'j Ali j" o la 1 s-a sta I ca° �o �•• o � pi �z Overview Legend ° -- -- i Master Street Plan Subject Property 4_ r Boundary i Freeway/Expressway N 7 '=`7 ''��„� Planning Area Prinapal Anerlal[- Streets 8°00 Minor Arterialy ;may, g Overlay District Existing 1200000 �. — ♦ Collector �, -r—-• Planned L_ I City Limits 1; - -- • •.. Historic Collector Planning Commission 0 tae leo 5012 750 1,000 March 11, 2002 Feet CUP02 9 Tinsley's Amusements CUP02-09.00 TINSLEY'S AMUSEMENTS, INC. One Mile View o - a aea.�°o as vaa p � 9 :,-' aoaaq�©oa&p,va mo a R..mPE,�^vrrr�v0g ' • ��i'S a I t? 8 P ® • �O aB i B r m ��ft C n ® 6 g s a 0 PW 104 L \ �I• e/e LAKEFAYETTEVILLE pep �� .d �; aia �t ar-��fl a Qg��y157 eCl� � • \_ Ja pJONNSON RRD 5 IR vb b w a a V 8 ,�" w➢ObsGO oa,® � ,n , • � P � no 4r d.8rmm e a 1 O o a .m - A4 R z l R-z R z ocSl 2 ' ° e C4 J o m 2 m to m A-Y !°-1 9 R 2 _A 1 _ ^ p pROPOSED SITE', e'2 1 9§ p13 o "' 4Y rrelIl'SNEPNH3D'� s i' "aveg ®__I R2v��R.1 a ! a, • ! oa�wirz_axr,me,9 :� r C-z q® 4 j• A v �° X z ° - �I" I o i ® t fi @,'Q C.# C-2 i sa ovi:a mvo > ®1 d '-lfttl�41 � coo-'®®ga s Seo {{C 2 8 ' C'z . gi ®e®° t I °-z If cz G/ C-z a®®m a®a ae 1 ' A-I A4 to 1 R- XO R-C 1 R O a1 ° R-f7 !� F1 C-1 !a Si pRA� � ' yVANASCHETJgoad°� I _", ` R-OA-1 . I 1 o \ t§ �L ee bo °°000 F 2 o°pO00 G2 r �.I7 .AF= A.11 A-4 e ®cz� A oO r R- 00 o'. } .- @ C 2oo°°°o� °° eta•-� R-9 0 ® R P ��5 R C - 1 0 R D ... v a > O 0p0 ° 7 C-2 o p� �°ao! mamami®� m m-tR2 R.p ' e � Y a�-a ov°wvaa a ®q ©R.Y t a4:. .' R R O R-{➢ R-A - - c 2 ?-1J uaDovva �'R O p o By d Xa e # Cz 600 1 - ® 1 �'a p Rf}].i9 IIs• ° �.°awDa pp "� ®v� r _ A-7'A-t �. o 00. 0 �"'R-O R J A# tR J la FY-8 a 1 R-#9 es® 9p R-ice v p R? p A? pOO o .\ R-2--f Overview Legend _ - , Master Street Plan - r,` 4 Subject Property Boundary Freeway/Expressway ry� -N'-,Planning Area Principal Arterial Streets '"l f 9,000 Minor Arterial Existing r_°_o Overlay District , ^h a('_ _ I City Limits %�Collector Planned -- Pld L _ - •••.. Historic Collector Planning Commission ?r 0 0.425 0.25 0.5 0.75 1 March 11, 2002 02 9 Tinsley's Amusements Planning Commission March 11, 2002 CUP02-9 Tinsley's Amusements Page 4.22 7. To provide good civic ( 2) .Trees , design and arrangement. shrubs, ground cover and grass shall be the primary source of landscaping and shall be / ) B. Zoning Districts. The standards placed and/or retained in such a manner as to set forth herein shall apply in the following reduce runoff. zoning districts, except as noted: (3). The current property owner shall properly maintain all 1. R-O Residential Office landscaping and shall replace any landscaping - - — — hat-dies-or-is-damaged- 2. C-1 Neighborhood (4).Native Commercial vegetation should be used when possible in 3. C-2 Thoroughfare order to minimize watering. Commercial ( 5 ) ..Land - 4. C-3 Central Commercial scaping should attempt to incorporate existing on-site trees and shrubbery. 5. C-4 Downtown (6).Providing outdoor spaces and places for people to gather 6. I-1 Heavy Commercial and is encouraged. Light Industrial b. Landscaping along front property lines. 7. 1-2 General Industrial (1). Land- scaped area required. A 15 foot wide 8. P-1 Institutional landscaped area shall be provided along the front property line exclusive of right-of-way. 9. E-1 Extraction Entrance drives, exit drives and sidewalks are allowed to cross the 15 foot landscaped area 10. Any other zoning district provided the integrity of the landscaped area when commercial, office, institutional and is maintained. Residential uses and zoning industrial uses are allowed as a conditional districts C-3 and C-4 shall be exempt from use. this requirement. (2). Variance. . C, Site Development Standards.The The width of the landscaped area may be following site development standards shall reduced in front parking lots when the parking ply when,. either new development or lot setback reduction option is used pursuant expansion of 25% of the existing building to §172.01. squafootaee occurs, (3).Trees. w (a). Trees 1.Landscaping. Landscaping shall be planted in the 14 foot landscaped area is required as follows: at a ratio of one tree per 30 feet of front a. Landscaping property line and may be planted together in general provisions. groups. No group may count more than 25% M. Land- of the required number. scaping shall be provided which is sufficient (b)• Species to provide soil stability and suitable drainage. selection shall be at the discretion of the developer. However, species which are listed _30- Planning Commission March 11, 2002 LSD02-4 Danaher Page 1.5 ORDINANCE NO. 4311 AN ORDINANCE REPEALING SECTION 171.12 PROPERTY OWNER TO CONSTRUCT SIDEWALK UPON RECEIPT OF NOTICE, AND ADOPTING A REPLACEMENT SECTION 171.12 WHEREAS, the current sidewalk ordinance occasionally required the construction of a sidewalk in an isolated and impractical location, and WHEREAS, it would be beneficial to use the resources that would be wasted building such an impractical, isolated sidewalk to build a needed, useful sidewalk nearby. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That 171.12 Property Owner to Construct Sidewalk Upon Receipt of Notice; Subsection A. Receipt of Notice; Subsection B. Application of Provisions of the Code of Fayetteville shall be deleted and the following inserted in its stead: 171.12 Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk A. Requirement The owner of any property abutting a public street or highway for which a sidewalk is required by City's Master Street Plan shall construct a sidewalk along said street or highway upon receipt of notice issued at the time a building or parking lot permit is issued or a lot split is approved. 1. The property owner shall construct the sidewalk in accordance with section 171.13 Sidewalk and Driveway Specifications. 2. If the City's Sidewalk Administrator determines that construction of the sidewalk would be unfeasible, impracticable, or otherwise unsuitable at the property's location, then the owner has the option to construct the sidewalk anyway or contribute money in lieu of construction as set forth below: A. A cash contribution in lieu of construction shall be at the rate of Three Dollars ($3.00)per square foot of the sidewalk that normally would have been required. The cash contribution amount per square foot shall be reviewed every three years and may be amended by the City Council Planning Comm issi March 11, 2 LSD02-4 Danaher Page 1.6