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HomeMy WebLinkAbout2025-06-16 J03 Bellino Fireworks_Temporary Use Permit AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 16, 2025 AGENDA ITEM: Consideration of approval of a temporary use permit for Bellino Fireworks, Inc. (1100 E. Hickman Road) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Staff has received a temporary site plan request for a fireworks sales tent proposed to be located on the U-Haul property located at 1100 E. Hickman Road. The temporary site plan consists of a 2,400 square foot tent as well as a storage container for product storage. There is ample parking on the property to support the temporary use and the proposed temporary structures appear to meet all site setbacks. The Fire Department will be responsible for inspection of the tent for fire safety. The proposed temporary use permit is requested for June 24 – July 5, 2025. Hours of operation for the business will be from 8 AM to 11 PM. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff have reviewed the temporary use permit application and are comfortable with the request. RECOMMENDATION: Staff would recommend approval of the proposed resolution. ATTACHMENTS: I. Proposed Resolution II. Location Map III. Temporary Use Permit Application PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: J3 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING TEMPORARY USE PERMIT REQUEST AT 1100 E. HICKMAN ROAD [BELLINO FIREWORKS, INC.] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Bellino Fireworks, Inc. has signed a lease with U-Haul on property located at 1100 E. Hickman Road; AND, WHEREAS, Bellino Fireworks, Inc. is requesting approval of a temporary use permit for the sale of fireworks from June 24, 2025 through July 5, 2025. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16th day of June, 2025, that it hereby approves the temporary use permit for 1100 E. Hickman Road for June 24, 2025 – July 5, 2025. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 6 6EHickmanRd E Hickman Rd NE Alices Rd NE Alices Rd SE Alices Rd SE Alices Rd SE Alices Rd SE Alices Rd 6 Bellino Fireworks Temp Use City of Waukee Parcels 6/12/2025 0 0.04 0.070.02 mi 0 0.06 0.120.03 km 1:2,251 City of Waukee, IA June 12, 2025 TEMP-25-5 Temporary Use Permit Status: Active Submitted On: 5/30/2025 Primary Location 110 0 E Hickman Rd Waukee, IA 50263 Owner AMERCO REAL ESTATE COMPANY 2727 N Central Ave Phoenix, AZ 85004 Applicant Kaela Riepl 402-935-191 6 kaela@bellinoenterprises.com 501 Olson Drive Suite 210 Papillion, NE 68046 Property Owner Information Owner Name* Matthew Braccia-President Address * 2727 N Central Ave Ste 500 City* Phoenix State* AZ ZIP Code* 85004 Phone #* 602-263-6555 Email* arec_leaseadmin@uhaul.com Vendor Information Vendor Name* Bellino Fireworks, Inc. Address * 501 Olson Dr Ste 210 City* Papillion State* NE ZIP Code* 68046 Phone #* 402-935-1916 Email * kaela@bellinoenterprises.com Project Information Date of Use Start 06/24/2025 End Date 07/05/2025 Hours of Operation 8am-11pm Description of Items Sold Consumer Fireworks Description of Stand Being Used 40x60 tent Temporary Use Requirements NOTE - READ CAREFULLY Applicant shall Comply with all requirements as specified within Chapter 165.18 of the Waukee Municipal Code. All Applicable health standards and Licensing as required by the State, County or Municipality should be met. Copies of all licenses should be provided as a part of the application. Parking required by the temporary use sales shall be provided on site or provided by adequate street parking available in the immediate area. All activities (signs, display, etc.) associated with the temporary use sales must be located outside of all public right of way and shall be located as to not obstruct vision clearance at intersections. I, the undersigned, declare that to the best of my knowledge all of the information given in this application is true and correct, and further agree that all work done under this permit will be done in compliance with all applicable City, State, and Federal codes, ordinances, rules and regulations* Staff Review Comment Expiration Date Attachments 1100 E Hickman Rd.pdf Uploaded by Kaela Riepl on May 30, 2025 at 3:02 PM R EQU I R E DSite Plan 2025- UHaul Lease Executed.pdf Uploaded by Kaela Riepl on May 30, 2025 at 3:02 PM R EQU I R E D 40 x 60 signed.pdf Uploaded by Kaela Riepl on May 30, 2025 at 3:03 PM 1100 E Hickman Rd COI.pdf Uploaded by Kaela Riepl on May 30, 2025 at 3:03 PM 2025-2026 License Card Consumer Fireworks Retail Seller License.pdf Uploaded by Kaela Riepl on May 30, 2025 at 3:03 PM Uhaul Propane Tank Site Plan.pdf Uploaded by Andy Kass on Jun 2, 2025 at 3:04 PM Record Activity Kaela Riepl started a draft Record 05/30/2025 at 2:54 pm Kaela Riepl added file 1100 E Hickman Rd.pdf 05/30/2025 at 3:02 pm Kaela Riepl added file 2025- UHaul Lease Executed.pdf 05/30/2025 at 3:02 pm Kaela Riepl added file 40 x 60 signed.pdf 05/30/2025 at 3:03 pm Kaela Riepl added file 1100 E Hickman Rd COI.pdf 05/30/2025 at 3:03 pm Kaela Riepl added file 2025-2026 License Card Consumer Fireworks Retail Seller License.pdf 05/30/2025 at 3:03 pm Kaela Riepl submitted Record TEMP-25-5 05/30/2025 at 3:03 pm OpenGov system altered approval step Permit Application Intake , changed status from Inactive to Active on Record TEMP-25-5 05/30/2025 at 3:03 pm OpenGov system assigned approval step Permit Application Intake to Dawn Young on Record TEMP-25-5 05/30/2025 at 3:03 pm Dawn Young approved approval step Permit Application Intake on Record TEMP-25-5 05/30/2025 at 3:14 pm Letter of Approval 40 x 60 signed.pdf 1100 E Hickman Rd COI.pdf 2025-2026 License Card Consumer Fireworks Retail Seller License.pdf Uhaul Propane Tank Site Plan.pdf OpenGov system altered approval step Fire Department Approval, changed status from Inactive to Active on Record TEMP-25-5 05/30/2025 at 3:14 pm OpenGov system altered approval step Building Department Review, changed status from Inactive to Active on Record TEMP-25-5 05/30/2025 at 3:14 pm OpenGov system assigned approval step Fire Department Approval to Justin Frederick on Record TEMP-25-5 05/30/2025 at 3:14 pm Dawn Young assigned approval step Building Department Review to Andy Kass on Record TEMP-25-5 05/30/2025 at 3:15 pm Andy Kass added file Uhaul Propane Tank Site Plan.pdf to Record TEMP-25-5 0 6/02/2025 at 3:04 pm Justin Frederick approved approval step Fire Department Approval on Record TEMP-25-5 0 6/12/2025 at 8:26 am Timeline Label Activated Completed Assignee Due Date Status Permit Application Intake 5/30/2025, 3:03:53 PM 5/30/2025, 3:14:54 PM Dawn Young -Completed Building Department Review 5/30/2025, 3:14:55 PM -Andy Kass -Active Fire Department Approval 5/30/2025, 3:14:55 PM 6/12/2025, 8:26:51 AM Justin Frederick -Completed Fee Correctness Check ----Inactive Permit Fees Due --Kaela Riepl -Inactive Temporary use Permit ----Inactive Temporary Use Inspections (If Required) ----Inactive Label Activated Completed Assignee Due Date Status Temporary Use Close Out ----Inactive __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 239’ __ ___ _ _ _ _ _ _ _ _ _ _ ___________150’__________ 1100 Hickman Rd Waukee, IA 50263 Tent 40x60 53’ Storage P Pot Dump Inflatable 30’_ 20 ’ Stacked less than 6' High No Smoking No Smoking No Smoking No Smoking No Smoking Cross Aisle Cross Aisle Cross Aisle 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2' Table Non- Public Area Only Non- Public Area Only Ai s l e Ch e c k O u t A i s l e Exit Pathway Exit Pathway 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h No D i s c h a r g e Wi t h i n 3 0 0 F e e t Exit Pathway Em p l o y e e A c c e s s O n l y Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table 8' x 2 ' T a b l e , Ho l d i n g 2 C a s h R e g i s t e r s 8' x 2 ' T a b l e , Ho l d i n g 2 C a s h R e g i s t e r s 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2' Table TENT AREA: 2,400 Sq Ft RETAIL AREA: 2,400 Sq Ft DISPLAY AREA: 448 Sq Ft FLOOR AREA: 1,920 Sq Ft No Discharge Within 300 Feet **ALL FIREWORKS NOT DISPLAYED ON TABLES WILL BE STORED UNDERNEATH THE TABLES OR THEY WILL BE STORED IN THE ADJACENT STORAGE TRAILER** FIRE EXTINGUISHER 4-A:60-B:C 2A PRESSURED WATER EXTINGUISHER RETAIL FIREWORKS SALES LICENSE EMERGENCY EVACUATION PLAN TABLE SKIRTING (to restrict no public areas)FIRE BREAKS (every 8 linear feet or less) Te n t L e n g t h : 4 0 F t . 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h EXIT ONLY No D i s c h a r g e Wi t h i n 3 0 0 F e e t Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Tent Layout ***Each Graph Square Equals 1 Square Foot*** Tent Width: 60 Ft. No Discharge Within 300 Feet Fireworks ENTRANCE 8' x 2' Table EXIT ONLY 8' x 2' Table 8' x 2' Table 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h Bellino Fireworks (1100 E Hickman Rd) 1100 E Hickman Rd, Waukee License Number: CFRS2025-0479 License Level: BOTH First- and Second-Class Consumer Fireworks Issue Date: 05/18/2025 Expiration Date: 04/01/2026 Structure Type: Temporary Tent 50% or more of retail floor space devoted to consumer fireworks License Tax Status: Retail Tax Status The information provided on this certificate is current as of 05/18/2025 Scan the QR code to retrieve or verify the current license status. CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ryder Rosacker McCue &Huston (MGD by Hull &Company) 509 W Koenig St Grand Island NE 68801 Kristy Wolfe 308-382-2330 308-382-7109 kwolfe@ryderinsurance.com Kinsale Insurance Company 38920 SCOTTSDALE INS CO 41297BellinoFireworksInc 501 Olson Dr. Papillion NE 68046 553961206 B X 2,000,000 350,000 X 1,000,000 2,000,000 2,000,000 CPS4078592 11/4/2024 11/4/2025 X 5,000 B X 3,000,000 3,000,000 FWS4000050 11/4/2024 11/4/2025 X A Excess Liability 5/13/2025 0100075806-6 11/4/2024 11/4/2025 Each Occurance General Aggregate 5,000,000 5,000,000 Named Insured: Bellino Fireworks Inc;Bellino Enterprises Ltd;Bellino Properties Inc;Plaza 370 Partners LLC;1150 Applewood LLC;Bellino Cedardale Properties LLC;Bellino Land Development LLC;North Platte Warehouse LLC;108th &Giles LLC;Bellino Fireworks Kansas Inc;Hutchinson Warehouse LLC Regarding the General Liability coverage,Waiver of Subrogation applies to the entities listed below per attached form CG 24 04 when required by written agreement. See Attached... City of Waukee 230 W Hickman Road Waukee IA 50263 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 Ryder Rosacker McCue &Huston (MGD by Hull &Company)Bellino Fireworks Inc 501 Olson Dr. Papillion NE 68046 25 CERTIFICATE OF LIABILITY INSURANCE Regarding the General Liability coverage,Blanket Additional Insured applies to the entities listed below per attached form GLS-150s when required by written agreement. Regarding the General Liability coverage,Primary and Non-Contributory coverage applies to the entities listed below per attached form CG 20 01 when required by written agreement. 1100 E Hickman Rd.,Waukee,IA Amerco Real Estate Company COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II—WHO IS AN INSURED is amended to include as an additional in- sured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to the “bodily injury,” “property damage,” or “personal and advertising injury.” The insurance provided to these additional insureds is lim- ited as follows: 1. That person or organization is an additional insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person’s or organization’s status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to item 2. Exclusions of SECTION I— COVERAGES: This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury” occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or b. That portion of “your work” out of which the in- jury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. 3. The limits of insurance applicable to the additional insured are those specified in the written contract, written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declara- tions for this policy. 4. Coverage is not provided for “bodily injury,” “property damage,” or “personal and advertising injury” arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to “bodily injury,” “property damage,” or “personal and advertising injury” arising out of an architect’s, engineer’s or surveyor’s rendering of or failure to render any professional services including: Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 2 of 2 a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engi- neering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a written contract specifically requires that this insur- ance be primary. When this insurance is excess, we will have no duty under SECTION I—COVERAGES to defend the additional insured against any “suit” if any other insurer has a duty to defend the additional insured against that “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured’s rights against all those other insurers. AUTHORIZED REPRESENTATIVE DATE 1 | P a g e Temporary Use Event License Agreement This TEMPORARY USE EVENT LICENSE AGREEMENT (“Agreement”) is made as of ___________________ by and between Amerco Real Estate Company (the “Licensor”) and Bellino Fireworks, Inc. (the “Licensee”). W I T N E S E T H: WHEREAS, Licensor is the owner of 1100 E Hickman Rd, Waukee, IA 50263 (the “Property”); and WHEREAS, Licensor and Licensee have agreed that Licensee shall have a license to use those portions of the Property known as the field south of the parking lot (the “Licensed Area”), as depicted on the attached Exhibit “A” of this Agreement, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual terms and covenants herein contained, and other good and valuable consi deration, the receipt and sufficiency of which the parties hereby acknowledge, Licensor and Licensee agree as follows: 1. License. Subject to the terms and conditions set forth below, Licensor hereby grants Licensee, and Licensee hereby accepts from Licensor, a temporary license for the use of a firework stand with a storage container, dumpster, and portable bathroom, within the Licensed Area of the Property, and for no other use whatsoever. The Licensed Area is provided to Licensee without any alteration or warranty, “AS IS”, “WHERE IS”. Licensee shall make no alteration to the Licensed Area without the prior written consent of Licensor, which consent may be withheld for any reason in Licensor’s sole and absolute discretion. Licensee, its employees and customers shall not utilize more than five (5) total parking spaces in Licensor's parking lot, without the prior written consent of Licensor. 2. License Fee. Commencing on June 15, 2025, Licensee agrees to pay Licensor for the license granted herein the sum of $10,000.00 for use of the Licensed Area, as such rate may be increased per Section 8 below if Licensee does not vacate the Licensed Area by the end time set forth in Section 3 below (the “License Fee”). All payments shall be made by cashier’s check, money order or ACH withdrawal. Payment must be submitted no later than three (3) business days prior to the date on which the license commences, i.e. by June 11, 2025. A returned payment shall be subject to a $150.00 non-sufficient funds charge. 3. Time Period. Licensee shall be permitted to use the Licensed Area from the period of June 15, 2025 – July 10, 2025. Licensor: Amerco Real Estate Company Licensee: Bellino Fireworks, Inc. Address: 2727 N. Central Ave., suite 500 Address: 501 Olson Drive Suite 210 Phoenix, AZ 85004 Papillion, NE Ph. (602) 263-6555 Ph. (402) 935-1916 Email: AREC_leaseadmin@uhaul.com Email: fede@bellinofireworks.com 4. Security Deposit. Intentionally Deleted. 5. Vacating the Licensed Area. Licensee shall be responsible for restoring the Licensed Area to the same condition in which it was originally provided by Licensor, ordinary wear and tear excepted, and with all of Licensee’s personal removed. Licensee agrees that all personal property remaining within the Licensed Area after Licensor takes possession of the Licensed Area is conclusively deemed to be abandoned by Licensee and the property of Licensor. Licensee waives its rights, if any, under any statutes or other legal doctrines requiring Licensor to remove, store, return or auction such property, and Licensor may dispose of such property as it sees fit, free of any claims of Licensee or other claiming through Licensee. Licensee shall pay for all required repairs to areas damaged as a result of Licensee’s use of the Licensed Area or for any necessary trash removal. 6. Indemnity by Licensee. Licensor assumes no liability or responsibility whatsoever with respect to Licensee’s use of the Licensed Area, nor shall Licensor be liable for any accident, loss, damage, injury, fine, fee, cost, expense, (including attorney fees), or claim therefor, to any persons or property in or about the Licensed Area except those caused directly by the gross negligence or willful misconduct of Licensor or its agents of which Licensor had actual notice and an opportunity to correct. Licensee assumes full liability for all such accidents, losses, damages, liabilities, suits, judgments, demands, causes of action, injuries, fines, fees, costs, expenses (including attorney fees), and/or claims therefor, and shall protect, defend and uphold Licensor and Licensor’s officers, directors, partners, trustees, shareholders, agents, affiliates, successors, assigns, contractors, agents and employees, arising from: (a) the use of the Licensed Area and/or the Property by Licensee, Licensee’s minor children and/or guests; (b) from any activity done, permitted or suffered by Licensee, Licensee’s minor children and/or guests in or about the Licensed Area and/or the Property; (c) any act, neglect, fault, willful misconduct or omissio n of Docusign Envelope ID: 58CA05B3-5C97-4D8E-8251-620E6C2F002B 4/21/2025 2 | P a g e Licensee, Licensee’s minor children and/or guests; (d) any breach or default in the terms of this License by Licensee; and/or (e) any action or proceeding brought on account of any matter described in Section 6(a) through (d). If any action or proceeding is brought against Licensor by reason of any such claim, then upon notice from Licensor, Licensee shall defend the same at Licensee’s expense by counsel reasonably satisfactory to Licensor. As a material part of the consideration to Licensor, Licensee hereby releases Licensor and Licensor’s employees and agents from responsibility for, waives the entire claim of recovery of Licensee and all of Licensee’s minor children, for and on behalf of Licensee and all of Licensee’s minor children, assumes all risk of damage to property or injury to persons in or about the Licensed Area and/or the Property from any cause whatsoever (except that which is caused by the gross negligence or willful misconduct of Licensor or Licensor’s employees or agents of which Licensor has actual notice and an opportunity to correct, or by the failure of Licensor to observe any of the terms and conditions of this License, if such failure has persisted for an unreasonable period of time after written notice of such failure). The obligations of Licensee under this Section 6 shall survive the expiration or termination of this License. 7. Insurance: Licensee shall provide proof of insurance to Licensor, naming Licensor as additionally insured, at reasonable levels as approved by Licensor. 8. Holding Over. The license given hereby shall terminate without further notice at the expiration time set forth above. Any holding over by Licensee after said time shall not constitute a renewal or extension of the License or give Licensee any rights in or to the Licensed Area except as expressly provided in this License. Any holding over without Licensor’s written consent shall constitute only a license at sufferance, terminable by Licensor immediately on delivery of verbal notice, and during such un-consented holdover, Licensee shall be obligated to pay Licensor damages equal to 250% of the License Fee. 9. Entry. In addition to any other rights of entry granted hereby, Licensor shall have the right to enter the Licensed Area by any means necessary in the event of an emergency involving danger to person or property. Licensor shall not be liable for any interruption of or interference with Licensee’s use of the Licensed Area caused by such activities. 10. Immediate Termination. If Licensee should fail to perform obligation hereunder, or should Licensee or any of Licensee’s guests interfere with the safe and usual operation of the Property and/or engage in any action that poses a risk of personal injury, death and/or property damage, Licensor may, at Licensor’s sole discretion and upon prior verbal notice to Licensee, immediately terminate all of Licensee’s rights granted herein. 11. Binding Effect. All provisions herein shall be binding upon and shall inure to the benefit of the parties, and to their respective legal repr esentatives, heirs, executors, administrators, successors and assigns. If there shall be more than one Licensee, they shall all be bound, jointly and severally. The provisions of this Agreement shall be severable, and shall be construed pursuant to the laws of the State of Iowa, exclusive of its principles of conflicts of law. Time is of the essence. 12. Limitation of Liability. Any obligation or liability whatsoever of Licensor which may arise at any time under the Lease, or any obligation or liability which may be incurred by it pursuant to any other instrument, transaction, or undertaking contemplated hereby shall not be pers onally binding upon, nor shall resort for the enforcement thereof be had to the property of, its trustees, directors, shareholders, officers, employees or agents, rega rdless of whether such obligation or liability is in the nature of contract, tort or otherwise. 13. Entire Agreement. This Agreement, and any exhibits and/or addendum attached hereto, set forth the entire agreement between the parties hereto. Any prior conversation or writing are merged herein and extinguished. No subsequent amendment to this Agreement shall be binding upon Licensor or Licensee unless reduced to writing and signed by both parties hereto. This Agreement shall have no binding effect on either party unless and until executed by both Licensor and Licensee. This License may be executed in one or more counterparts, each signature page of which shall be deemed to be an original copy, all of which together, when attached to the body hereof, will constitute one agreement, binding upon both parties, notwithstanding that both parties shall not have signed the same counterparts. Licensee’s obligations under Sections 2, 5, 6, 8, 11 and 12 above shall survive the expiration or earlier termination of this Agreement. In the event of any dispute hereunder, Licensee shall pay Licensor’s reasonable attorneys’ fees and costs. IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed and delivered; being first duly authorized so to do, on the date first above written. LICENSOR: LICENSEE: Amerco Real Estate Company Bellino Fireworks, Inc. By: _____________________________________ By: _________________________________ Name: Matthew F. Braccia Name: Federico Castagnini Title: President Title: Market Expansion Coordinator Date: ____________________________ Date: ________________________________ Docusign Envelope ID: 58CA05B3-5C97-4D8E-8251-620E6C2F002B 4/21/20254/21/2025 3 | P a g e EXHIBIT “A” DEPICTION OF LICENSED AREA Docusign Envelope ID: 58CA05B3-5C97-4D8E-8251-620E6C2F002B