Loading...
RES 2014-0286 - Addition of walk in cooler to Holiday Lounge STATE OF NEBRASKA Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B. Rupe Executive Director 301 Centennial Mali South, 5th Floor P.O. Box 95046 Lincoln,Nebraska 68509-5046 Phone (402) 471-2571 Fax(402) 471-2814 TRS USER 800 833-7352 (TTY) February 5, 2014 OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 1�� RE: ADDITION LICENSE #: C-001367 LICENSEE NAME: HOLIDAY INC TRADE NAME: HOLIDAY LOUNGE ADDRESS: 7846 DODGE STREET CITY/COUNTY OMAHA/ DOUGLAS PHONE: 402-391-4442 CURRENT DESCRIPTION: AREA APPROX 50'X 36'; BEVERLY HILLS PLAZA SPACE #7846 NEW DESCRIPTION: AREA APPROX 50'X 36'; BEVERLY HILLS PLAZA SPACE #7846 INCLUDING WALK IN COOLER APPROX 8'X 8'TO THE NORTH. Please present this request to you city/village/county board and send us a copy of their recommendation. If recommendation of denial or no recommendation is made the Commission has no alternative but to cease processing this request. Randy Seybert Licensing Division Nebraska Liquor Control Commission rs cc: file Janice Wiebusch Bob Batt William Austin Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV.12/99 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 01367 HOLIDAY INC 7846 DODGE ST 68114 391-4442 DBA HOLIDAY LOUNGE NLCC ORDERS 09-20-01-WARNING RE: ILLEGAL ACTIVITIES, I.E. GAMBLING, ON OR ABOUT 11-08-00 * OTHER ACTIVITIES 1957-1966-HOLIDAY INC * 05-1-66 CHANGE OF STKHLDRS * 08-14-05 -TAVERN REPORT RE: DISORDERLY CONDUCT INSIDE THE ESTABLISHMENT * 03-04-14 - REQ ADD OF A WALK IN COOLER APPROX 8'X 8'TO THE NORTH * LICENSED PREMISES AREA APPROX 50'X 36' BEVERLY HILLS PLZ SPACE#7846 OFFICERS: PRES/MGR-THOMAS FOLEY, 2003 SO 182ND CIR, 68130 (H) 778-0312©598-0363 *SECR- JEAN FOLEY***(OLD-2005-2006 RENWAL-STKHLDR-PATRICK FOLEY 25%) APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 f,ti '+ .r / f LINCOLN,NE 68509-5046 PHONE (402)471-2571 FAX (402)471-2814 a" Website www,Icc.nc.gov M1 1 Application: • Must include processing fee of$45.00 checks made payable to Nebraska Liquor Control Commission (NLCC) i 5 • Must include a copy of the lease or deed showing ownership of area to be added. This is still required even if it's the same as on file with original application • Must include simple hand drawn sketch showing existing licensed area and area to be added, must include outside dimensions in feet(not square feet),show direction north. NO BLUE PRINTS • May include approval from the local governing body; no addition shall be approved unless endorsed by the local governing body • Check with your local governing body for any additional requirements that may be necessary in making this request for addition LIQUOR LICENSE# 00 13 67 CLASS TYPE LICENSEE NAME t4 O` i ctA.1 'ni TRADE NAME WO d&y L PREMISE ADDRESS 78 y 6 t`' —do CITY VrOI, CJ VE G O lig CONTACT PERSON 101,1 leVPHONE NUMBER OF CONTACT PERSON 4©2 _5 99- c363 EMAIL ADDRESS OF CONTACT PERSON �! k... `' vl 1400002642 FORM 110 REV 11/2013 1 Page 1 of 2 +o NW Corni2r !AN. 2 ) 21IP f Cp • COOLEY) 0 ' • Page : 1 Document Name : untitled PARC 3971 0000 06 FB 49 STATUS 2 CLASS C ADDITIONAL ADDR EXEMPT 0 EXEMPT TYPE TAX DISTRICT 6600 SID F- PROP HOUSE HALF DIR STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 07808 DODGE ST OMA 68114 OWNER OR TAXPAYER INFORMATION NAME BEVERLY HILLS LLC DATE OF LAST CHANGE 06-03-2011 + 1941 S 42 ST #550 BK/PG OR DOC# 2010 96806 ADDR HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68105 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR - --DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2013 08-07-2013 2635000 3563300 6198300 BOE 2677 OVER 1 ACRE IND OVERRIDE AMOUNT ADDITION NO. 03620 LOT 8 HALF BLOCK 1 HALF BEVERLY HILLS SECT TOWN RANGE PLAT 0658 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 -EX SESTLY 30 FT TRIA-LT 1 & THAT 2 PT N OF DODGE ST LTS 1 THRU 8 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB Date : 2/6/2014 Time : 10 : 50 : 36 AM Page : 1 Document Name : untitled PADL 3971 0000 06 REAL PROPERTY INQUIRY -- LIST ADDITIONAL ADDRESS PARCEL: 3971 0000 06 02/06/2014 PROPERTY ADDRESS HOUSE HALF DIR STREET NAME TYPE SUFFIX APT AREA 7808 DODGE ST OMA PAGE: 1 ADDITIONAL ADDRESSES * MORE PAGES * HOUSE HALF DIR STREET NAME TYPE SUFFIX APT AREA 7806 DODGE ST OMA 7810 DODGE ST OMA 7812 DODGE ST OMA 7814 DODGE ST OMA 7816 DODGE ST OMA 7818 DODGE ST OMA 7820 DODGE ST OMA 7824 DODGE ST OMA 7828 DODGE ST OMA 7832 DODGE ST OMA PF7 TO PAGE BACKWARD PF8 TO PAGE FORWARD - Date: 2/6/2014 Time : 10 : 50 :42 AM Page : 1 Document Name : untitled PADL 3971 0000 06 REAL PROPERTY INQUIRY -- LIST ADDITIONAL ADDRESS PARCEL: 3971 0000 06 02/06/201 PROPERTY ADDRESS HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 7808 DODGE ST OMA PAGE : 2 ADDITIONAL ADDRESSES * MORE PAGES * HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 7834 DODGE ST OMA 7838 DODGE ST OMA 7902 WEST DODGE RD OMA 7904 WEST DODGE RD OMA 7908 WEST DODGE RD OMA 7910 WEST DODGE RD OMA 7912 WEST DODGE RD OMA 7914 WEST DODGE RD OMA 7916 WEST DODGE RD OMA 7918 WEST DODGE RD OMA PF7 TO PAGE BACKWARD PF8 TO PAGE FORWARD Date : 2/6/2014 Time : 11 : 00 : 57 AM Page : 1 Document Name : untitled PADL 3971 0000 06 REAL PROPERTY INQUIRY-- LIST ADDITIONAL ADDRESS PARCEL: 3971 0000 06 02/06/201 PROPERTY ADDRESS HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 7808 DODGE ST OMA PAGE : 3 ADDITIONAL ADDRESSES * END OF LIST * HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 7924 WEST DODGE RD OMA 7928 WEST DODGE RD OMA PF7 TO PAGE BACKWARD PF8 TO PAGE FORWARD Date : 2/6/2014 Time : 11 : 01 : 01 AM ' I 1. What is being added? Explain the type of addition that is being requested,i.e. beer garden,adding to building 2. Include a sketch of the area to be added showing: ✓ existing licensed area with length &width in feet ✓ area to be added with length &width in feet s 1 ` V. direction north ��1' i 3. If adding an outdoor area explain: I ✓ type of fencing ' ✓ height of fence ✓ length &width of outdoor area in feet 12.07 Outdoor area shall mean an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors and which is contained by a permanent fence, wall or other barrier approved by the Commission and shall be in compliance with all building and fire, or other applicable local ordinances. Rule Chapter 2-112.07 I acknowledge under oath that the premises as added to comply in all respects with the requirements of the act. Neb Rev Stat§53-129 Signature f icensee or ffi er State of Neb ka County of UC}uplkc --- The foregoing instrument was acknowledged before me this UJY1 � , 14 by �kA S Foi4�j Date name of person acknowlged(individu (s)signing document) Affix Seal ����a�� NICgF R.CON NER ��VJJ *Coma Eq.Sept 18,2011 otary Public signature FORM 110 REV 11/2013 Page 2 of 2 • 8_0 COOLER EXISTING POWER POLE ELEC PNLN 4D DOWNSPOUT n — LI __, I.: I 1.,,) I I s.,:: AA- EXISTING ELEC PNL EXISTING EXISTING NEW DOOR Q. EXISTING �l r VCl O 1i RN WC t I r 1 EXISTING EXISTING J EXISTING EXISTING EXISTING l` EXISTING I .--_,—,,—.—____,,-..........---,a--- j EXISTING COOLER ADDITION en 06.2..4 e MARK SANFORD GROUP HOLIDAY LOUNGE 402-598-0442 OMAHA NEBRASKA • LEASE • This Lease,made and entered into this I 06 day ofJuly,2002,by and between BEVERLY HILLS,L.LC., a Nebraska Limited Liability Company, By its Manager First Management,Inc., with offices at Suite 530-The Center, 1941 South 42"Street, Omaha,Nebraska 68105-2982, hereinafter called the"Owner",and HOLIDAY,INC., a Nebraska Corporation, with offices at Beverly Hills Plaza, 7846 West Dodge Road, Omaha,Nebraska 68114, hereinafter called the'"Tenant", WITNESSETH:That, The Owner does hereby lease,demise and let auto the Tenant the following described premises: Space No.: 7846 West Dodge Road Omaha Mailing Address: Beverly Hills Plaza 7846 West Dodge Road Omaha,Nebraska 68114 Said space is located in Beverly Hills Plaza as shown on EXHIBIT A and contains 1,584 gross square feet of floor area EXHIBIT A is attached hereto and incorporated herein by this reference. In addition to the above described premises,Tenant shall,subject to control and reasonable regulation by Owner,enjoy the • nonexclusive use of all common area parking areas,access roads,sidewalks,malls and restrooms furnished by Owner, provided Owner shall have the right to locate kiosks,fountains,planters,pools,sculptures,vending machines,strollers, telephones,benches and similar items within such common areas. Said premises are a portion of a development known as BEVERLY HILLS PLAZA,Omaha,Nebraska The term of this lease is fourteen(14)years commencing on the beginning day ofthe lease year as hereinafter described and ending at 12 o'clock midnight on the last day of the lease year fourteen(14)years later. rnrg;it3LS 1 • The terms and conditions of this lease are as follows: 1. CONSTRUCTION. The demised premises are hereby leased to Tenant as now constructed 2. RENT BEGINNING DATE. • • • • • • • • • Rent for said space shall beginwinehever-is-earliert--(A)-V,chen-the-Tenant-epens-fer-businessrer April 1,2003 After rent beginning has been established,time shall be of essence for the performance ofthis lease. LEASE YEAR. The beginning day ofthe rent shall establish the beginning of each lease year;and the term ofthis lease shall nm from that day forth provided,however,that if the rent beginning date shall fall on any day other than the first day of the month Tenant shall pay appropriately apportioned rent for such partial month and the first day ofthe month next following shall be the beginning day of the first lease year. OCCUPANCY CONDTTIONS. Tenant shall not enter into occupancy of the demised premises until delivery of same by Owner,provided,if Owner is to complete any additional work in accordance with Section 1,then,with written permission from the Owner and providing Tenant assumes responsibility for any damage done to the development,the Tenant may enter said premises for purposes of fixturing and preparation for occupancy prior to completion of the Owner's additional work. Tenant agrees to withdraw or replace any of its workmen or contractors who in the opinion of the Owner may cause stnites,work stoppage or picketing of said development Tenant's property kept,stored or maintained in the demised premises shall be kept,stored or maintained at the risk of the Tenant. TENANT TO OPEN. • b''"thew ithin da3sraitar ,than lb.Teaeat a in edditiea to the • • 3. LEASE CONSIDERATION. The consideration for this lease is the mutual covenants of the parties.As partial consideration for this lease and whenever requested by the Owner,the Tenant agrees to promptly furnish to the Owner not more than once each year a signed current financial statement accurately reflecting the Tenant's financial 1NiT"L9.lr�11 2 4. RENT. Tenant shall and hereby agrees to pay to the Owner without demand,deduction,or Seto$at such place or places as the OWNS' may designate from time to time in writing,rent in advance for said premises as follows: First through second lease years April 1,2003 through March 30m,2005: $23,760 each lease year,payable$1,980 per month, Third lease year April 1,2005 through March 30th,2006: $24,235.20 each lease year,payable$2,019.60 per month, Fourth lease year April 1,2006 through March 30'h,2007: $24,720 each lease year,payable$2,060 per month, Fifth lease year April 1,2007 through March 30th,2008: $25,214.40 each lease year,payable$2,101.20 per month, Sixth lease year April 1,2008 through March 30'11,2009: $25,728 each lease year,payable$2,144 per month, Seventh lease year April I,2009 through March 30t°,2010: 526,244 each lease year,payable$2,187 per month, Eighth lease year April 1,2010 through March 30th,2011: $26,772 each lease year,payable$2,231 per month, Ninth lease year April 1,2011 through March 30th,2012: $27,312 each lease year,payable$2,276 per month, Tenth lease year April 1,2012 through March 30a,2013: $27,864 each lease year,payable$2,322 per month, Eleventh lease year April 1,2013 through March 30t11,2014: $28,428 each tease year,payable$2,369 per month, Twelfth lease year April 1,2014 through March 30th,2015: $28,992 each lease year,payable$2,416 per month, Thirteenth lease year April 1,2015 through March 30th,2016: $29,568 each lease year,payable$2,464 per month, Fourteenth lease year April 1,2016 tluough March 30th,2017: $30,168 each lease year,payable$2,514 per month, For periods of less than a full lease year,percentage rental,if any,shall be considered to be earned each day.No portion of the rent paid by Tenant alter the expiration of any period during which rent is abated shall be allocated by Owner or Tenant to such abatement period,nor is any rent intended by the parties to be allocable to any abatement period or to any period other than that specified herein. In addition to all of the rental set hereinabove,the Tenant shall pay any tax which any governmental authority(acting under any present or future law)may levy,assess,or impose upon the rent reserved hereunder.Said tax,if any,shall be paid not less than three(3)days before same is due and payable. S. GROSS SALES. 3 1 • • • • • • sue- 6. $ALES REPORTS. • • OWNER MAY AUDIT. • 7. BOOKS AND RECORDS. teeerde: ercent 10%, 8. MAINTENANCE OF COMMONARLAS. Owner shall operate and maintain common areas and common facilities ofthe development.Tenant shall pay f•,•demand in addition to the rent a proportionate share of costs of operating and maintaining common areas and common •;- Common areas and common facilities include without limitation ail parking areas,access roads,sidewalks, -.< ::::<.landscaped space and any other space used in common or available for use by the Tenant,the Tenant's customers,amp, agents, servants or other invitees of the Tenant Operation and maintenance shall include,but not be limited to, ... _..._ .._ personal property .. _. assessed upon maintenance supplies and equipment,costs of defending and preserving common areas and facilities, •: . of insurance secured with respect to common area pursuant to Section 14,losses attributable to operation of commoner , and facilities, lighting, ,water,sewer use fees,cleaning,maintenance-, ••• ,t,snow removal,line repainting,policing and security,repairs,replacements,the cost of labor and personnel to',•plement such services,management fees and costs relating to the development,and everyday maintenance ofall areas and - provided by the Owner for the common use and benefit of the occupants ofthe development.As an addition to the fore ingand as part of the costs to be paid by the Tenant for operation and maintenance of common areas and common facilities ..: - (15%)shall be added to the total to cover administration.Apportionment of these costs shall be made on the basis of square feet of floor area herein demised to Tenant as related to the total square feet of rented and/or occupied floor area in the developments provided"rented and/or occupied floor area"shall in no event be less than ninety-five percent(95%)of rentable floor area in the development. 9. i1.L Tenant shall use,occupy,and operate the demised premises. Premises shall be used,occupied,and operated only as a tavern,including the incidental sale and serving of food items for on-premises consumption only and for no other purposes without the written consent of the Owner, ;provided in the event video poker(i.e.gambling)machines are legalized within the City of Omaha and Tenant receives all necessary governmental approvals to install and operate such marhin.s within the demised premises,Owner approves such operation as an incidental use only to Tenant's primary use subject to Tenant agreeing to other reasonable rules and regulations to be provided by Owner. Tenant agrees to conduct its business at all times in a responsible and reputable manner.The Tenant shall promptly comply with all laws affecting the premises hereby leased and the cleanliness,safety,occupation and use of same.No sale for purpose of closing the store,auction,fire or bankruptcy sales may be conducted in the demised premises without previous written consent of the Owner. In the event that the Tenant uses the demised premises for the storage or sale of odorous materials or products and such odor is detectable is the etarridersonelkker other rental areas,the Tenant shall forthwith and not later than ten(10)days after written request from the Owner either remove and forego the storage and/or sale of said materials or products or ventilate the premises at its expense with a ventilation system satisfactory to the Owner,Tenant shall not use the sidewalks ere aeon adjacent to the demised premises tar business purposes. IP 1 4 STORE HOURS. {Sunday or Except for special permission in writing from the Owner,the Tenant agrees to keep the demised premises open and operating Monday through Saturday and all such additional hours as the Tenant may elect provided,however,Tenant shall not be required to be open oneational holidays and CONTINUOUS OPERATION. !� The Tenant agrees that its continuous and effective operation during the term hereof is ';: consideration for this lease and is essential for the success ofthe development;and except for reasons of fire,other casualty,. taking ofmventoty,Temotagrees to operate the demised premises during the store hours delineated hereinabove.In the ev Tenant vacates,abandon,deserts, ceases its operation in the demised premises,or otherwise violates this agreement toe - ; .ly operate,then without the Owner waiving any rights contained in this lease,Tenant agrees that during the period of •,violation,in addition to paying all other charges due under this lease,it shall pay rent to the Owner at a prorated daily rate o - " times the last periodic rental rate specified in Section 4 ofthis lease,such amount to be construed as liquidated damages to Owner caused by Tenant's failure to operate in strict accordance herewith. f This paragraph shall not apply to temporary closings due to Tenant remodelins of the demised premises] 10. MECHANIC'S AND OTHER LIENS. Tenant shall not permit any mechanic's,laborer's or materialmaa's lien to stand against the demised premises for any labor or material furnished to Tenant or claimed to have been funished to Tenant in connection with work ofany character performed or claimed to have been performed on said premises by or at the direction of Tenant.Tenant shall promptly pay all contractors and materialmen,so as to minimize the possibility ofa lien attaching to the demised premises and should any such lien be made or filed,Tenant shall bond against or discharge the same within ten(10)days after written request by Owner. 3{ ! 11. MAINTENANCE AND CARE OF PREMISES. The Owner shall keep tine foundation,the exterior of the load-bearing outer walls and roofing of the building in good repair, except that the Owner shall not be called on to make any such repairs occasioned by any act or omission of the Tenant,its 111 agents or employees or customers. The Owner shall not be called upon to make any other improvements,repairs or 11 1 replacements of any kind upon said premises;and,at the sole cost and expense ofthe Tenant,said premises shall at all times be kept in good order,condition and repair by the Tenant,and shall also be kept in a clean,sanitary and safe condition and in accordance with all directions,rides and regulations of the health officer,fire marshal,building inspector or other proper officers ofthe governmental agencies having jurisdiction.The Tenant shall at its own expense maintain,repair or replace any glass windows,show windows and doors in or enclosing the demised premises.Tenant shall clean and maintain the interior and exterior of its store front and its signs and its show windows,if any,and shall at all times keep its show windows andglass doors in a neat and clean condition. AT EXPIRATION. At the expiration of this lease,all leasehold improvements and fixtures attached to the walls,floors,or ceiling,whether installed by the Tenant or the Owner,shall at the option of the Owner be considered a part ofthe building and remain in the demised premises as a part of the realty. Tenant shall surrender the premises in good condition,reasonable wear and tear excepted.Tenant agrees to remove all of its signs of identification at expiration ofthis lease end to restore the surface to which they attached. 12. SIGNS AND CONSTRUCTION BY TENANT. The Tenant agrees to provide signs of identification outside of its demised premises,which signs shall be installed prior to Tenant's opening for business.Drawings and descriptions of such signs shall be submitted to Owner. Signs shall not be installed until Tenant has received Owner's written approval. Tenant agrees to maintain its signs in an attractive and safe condition.Tenant shall obtain any permits or bonds for signs required by governmental regulations.The Tenant agrees not to use any media in the demised premises that shall be deemed objectionable by the Owner,such as loudspeakers,phonographs, radio broadcasts,speakers,amplifiers,or flashing lights in a nuonerto be heard or otherwise distracting outside the demised premises.The Tenant shall not install any plumbing fixtures,exterior lighting fixtures,shades or awnings or any exterior decorations or paintings or use any flammable materials above the finished ceiling line ofthe demised premises or build any fences,paint,drill,attach to or make any change to the store front,entrances,exterior walls,exterior signs of identification, marquees,roof or abutting sidewalks or attach any temporary or permanent signs,advertisements,displays,or prices to its show windows and/or store front glass without previous written consent of the Owner. Tenant shall not repartition or otherwise remodel or make any structural changes in the demised premises without the written consent of the Owner.' Owner approvals required in accordance with this paragraph shall not be unreasonably withheld.' 13. COVENANT TO HOLD HARMLESS. Tenant will indemnify Owner and save it hernias from and against any and all claims,actions,damages,liability and expense arising from or out ofany occurrence in,about,in connection with,upon or at the demised premises,arising from or out ofthe occupancy or use by Tenant of the demised premises or any part thereat or occasioned wholly or in part by any act aomission of Tenant,its agents,contractors,employees,servants,lessees or concessionaires. In case Owner shall,without fault on its part,be made a party or witness or become involved in any claim,action,damage,liability,expense,or litigation commenced by or against Tenant,then Tenant shall protect and hold Owner harmless and shall pay all costs,expenses and reasonable attorneys fees incurred or paid by Owner in connection with such claims,actions,damages or litigation. 5 14. INSURANCE. Tenant at all times during the term ofthls lease shall at its expense provide and maintain with respect to the demised premises (a)comprehensive general public liability insurance on an occurrence basis in form customarily written for protection of tenants and owners,insuring Tenant and Owner as the named insureds and providing coverage of not leas than One Million Dollars(81,000,000),single limit,for injuries to any one person,for injuries to persons in any one occurrence and for damage to property,provided,such minimum of insurance coverage shall not limit Tenant's liability under Section 13 hereinabove;(b) plate glass insurance covering all show windows,plate glass,and/or glass entrance doors in its demised premises;and,(c) casualty insurance against fire,vandalism,malicious mischief sprinkler leakage if applicable,and such other perils as are from time to time included in a standard extended coverage endorsement,or such broader form of coverage as Tenant may select, insuring all alterations,additions or other improvements made by Tenant to the demised premises at any time,in an amount sufficient to replace them.Such casualty insurance shall be issued hi the name and for the benefit ofTenant and Owner as their respective interests may appear. Proceeds received from such insurance shall be used to repair or replace the insured improvements in accordance with Tenant's obligation in Section 21 of this lease to standards of construction and quality of materials which are not less than equal to the prior standards and qualities provided,however,in the event the Owner elects to terminate this lease in accordance with Section 21 bereot the foil amount of such proceeds shall be paid to the Owner and the Tenant shall be released from its obligation to restore such improvements.Tenant shall provide Owner with curmntduplicate policy or policies of all such insurance required of Tenant,which policy or policies shall include an endorsement that the insurance company or companies cannot amend or cancel such insurance policy or policies without giving ten(10)days'prior written notice to the Owner. All fixtures,inventories,improvements,equipment or other property kept,stored or maintained in the demised premises shall be so kept,stored or maintained at the risk of the Tenant only. Owner at all times during the term of this lease shall secure with respect to the parking area and other common areas of said development(a)comprehensive general public liability insurance providing coverage of not less than One Million Dollars ($1,000,000),single limit,for injuries to any one person,for injuries to persons in any one occurrence and for damage to property,and(b)such other insurance as Owner shall deem necessary for the parking areas,common areas or for equipment used in common areas of the development. The cost of insurance secured by Owner with respect to this paragraph shall be i! prorated as a common area cost in accordance with Section 8 of this lease. Owner at all times during the term of this lease shall secure with respect to the development,(a)casualty insurance against fire, vandalism,malicious mischief and such other perils as are from time to time included in a standard extended coverage endorsement,or such broader form of coverage as Owner may select,insuring the insurable building improvements constructed,or required under the terms of this lease to be constructed,by Owner,(b)sprinkler Ieakage insurance,if applicable,and(c)loss of rents Insurance. Tenant shall be liable for and shall pay Owner each month,in advance,a pro rata share of the premium cost for such insurance secured by Owner,which monthly pro rats share shall be 1/12 of the product obtained by multiplying the annual cost of the premiums for such insurance by a fraction,the numerator ofwhich shall be the floor area ofthe demised premises and the denominator ofwhich shall be the total rentable floor erenm the development on the first day ofthe applicable month,excluding rentable floor area in any portion ofthe development which is separately insured or for which premium thereon is excluded from the costs allocated hereunder. Insurance secured by Owner may bear a loss payable endorsement to protect any mortgagee's interest Proceeds received from such insurance shall be used for rebuilding in accordance with Owner's obligation in Section 21 of this lease. Nothing in this section shall require Owner to insure the fixtres,inventories,improvements,equipment or other property of Tenant or any other occupant of the development. Tenant agrees to pay any increase in rates for insurance that may at anytime from and after the rent beginning date be charged to the Owner resulting from Tenant's extra-hazardous use or occupancy ofthe demised premises orthe development whether or not Owner has consented to same.Tenant agrees to maintain in operation and connected to a monitoring system any sprinkler, smoke detection,or heat or fire prevention or detection device or system located within the demised premises. Insurance required to be purchased by Owner In accordance with this lease section shall be competitively priced. 15. ABUSE OF UTILITY SERVICES. The plumbing facilities shall not be used for any purpose other than that purpose for which they are constructed,and not areign substance of any kind shall be thrown therein.The expense of any stoppage,breakage or damage resulting from a violation of this provision shall be borne by the Tenant canting same.Ifthe Tenant installs any equipment that overloads utility lines to or in the demised premises,the Tenant shall at its own expense remove the overload or increase the capacity of such lines and make whatever changes are necessary to comply with the requirements ofthe Owner,insurance umderwritas and governmental authorities having jurisdiction. 16. riguaraginingumgag. The Tenant and its employees may at their own risk park their motor vehicles on the developmentpropertybut only in the areas specifically designated by Owner for that purpose.Once each year Tenant further agrees to&raish to Owner,upon Owner's request therefor,the license numbers assigned to its motor vehicles and the motor vehicles of its employees.Tenant agrees to pay to the Owner costs,if any,incurred in the enforcement of parking rules providing such violations and such costs are attributable to a violation by Tenant,Tenant's sublessees,agents,or Tenant's employees. reasonable 17. ASSIGNMENT AND VOTING CONTROL. The Tenant agrees that it will not assign or in any manner transfer this lease or any part thereof or any interest or estate therein without the previous written consent of the Owner,nor shall the Tenant sublet the demised premises or anyparttheseofwithout the previous written consent ofOwner,nor shall the Tenant assign this lease to a corporation owned wholly or in part by the Tenant nor the Tenant enter into any management contract or other relationship whereby the Tenant or its employees are in prrI.SLL3 6 I • less than direct and immediate management of the demised premises and the business operated therein without the previous written consent of the Owner.Owner may accept rent or other payments due underthis lease from any person,corporation,or partnership offering to pay same;and such acceptance by Owner shall not be construed to be an acceptance of such payer as Tenant hereunder nor as a consent or waiver of consent of any of the Owner's rights in this section. If Tenant is a corporation and if at any time during the lease term the person or persons who own a majority ofits voting shares at the time ofthe execution ofthis lease cease to own a majority of such shares(except as the result oftransfers by gill,bequest, or inheritance)Tenant shall so notify Owner and Owner may terminate this lease by notice to Tenant given within ninety(90) days thereafter. The Tenant further agrees not to change the advertised name of the place of business operated herein without the written permission of the Owner. (Continued on Page 14) IS. ACCESS TO PREMISES. The Owner shall have the right to enter upon the demised premises at all reasonable hours for the purpose of inspecting the same or adding or rerouting pipes,sprinkler systems,smoke detection systems,heat or fire detection systems or equipment, conduits or drains to serve the demised premises or premises other than the demised premises or for making repairs,additions or alterations,provided such adding or rerouting shall be handled so as to interfere as little as possible with the Tenants use of the premises and Owner shall repair any damage caused by such work.The exercise ofsaid right by Owner shall notgive rise to any claim by Tenant for damages,and Tenant expressly waives any such claim or claims.If the Owner deems any repairs required to be made by the Tenant necessary,it may demand that the Tenant make the same forthwith. For a period commencing one year prior to the termination ofthis lease,the Owner may have reasonable access to the premises herein demised for the purpose of exhibiting the same to prospective tenants. 19. UTILITIES. The Owner agrees to provide the existing mains and conduits to the demised premises in order that the existinguhiites maybe supplied,provided Owner shall not be responsible for Tenant's telephone service lines.As an additional charge,the Tenant shall pay for all utilities including water,sewer use,gas,and electricity used in the demised premises. BEATING AND COOLING. Tenant shall maintain all beating and cooling equipment serving only the demised premises. The Owner shall not be liable in damages or otherwise for any failure or defect in the furnishing of any of the above utilities, heating or cooling,or for any Interruption due to civil insurrection,war,fire,accident,strike,riot,act of God,the making of necessary repairs or improvements,or any other causes beyond the control of the Owner. • a ent 20%, 20. CONDEMNATION. If the whole of the demised premis s or the parking area in said shopping center shall be taken under the power of eminent domain by any public or quasi-pub authority,this lease shall terminate and expire as ofthe date of such taking,and rentand any other payments shall be paid ,' adjusted as of such date,and Owner and Tenant shall be released from any further liability hereunder.If twenty per... (20%)or more of the floor area ofthe demised premises shell be taken or condemned far public use or if •. or more of the total parking area in said development shall be taken or condemned for public use and the Owner does not promptly begin the construction of substituted parking replacing at least the majority ofthe parking area so taken using double decking,contiguous land,or underground areas,then either Tenant or Owner may cancel and terminate this lease by serving upon the other party a written notice of its intention to cancel within thirty(30)days after the condemnation judgment shall be entered. In the event that such option to terminate is exercised,rent and any other payments shall be prorated to the date of taking and Owner and Tenant shall be released of frothier liabilityherermder.If any portion of the demised premises is taken for public use and if neither party exercises its option to terminate this lease as permitted in this section above,then the minimum guaranteed rental provided for under Section 4 shall be reduced as ofthe date of taking in the proportion which the actual floor area taken bears to all of the floor area demised and the Owner shall promptly repair,restore,or rebuild for occupancy by Tenant the portion not so taken.It during the repair,restoration,or rebuilding required,the demised premises are not usable in the opinion of either the Owner or Tenant,then the Owner or its contractors shall temporarily have possession and the minimum guaranteed rental shall be abated during the period ofrepair, restoration,or rebuilding. All damages awarded or other sums or awards paid on account of any condemnation or taking under the power of eminent domain of the demised premises,the parking areas,the common facilities or the development,or any portion or portions thereof shall belong to and be the sole property ofOwner whether such damages or other sums are awarded as compensation for loss or diminution in value of the leasehold,or for the fee of the demised premises, or otherwise;and in no event shall INITIAL.3 7 �. • Tenant have any claim whatsoever against Owner or the condemning authority for loss or diminution in value ofthe leasehold or for the value of any unexpired term of this lease,Tenant hereby expressly waiving any such right or claim,provided, however,Tenant shall be entitled to any award or portion thereof made for or on account of any loss or cost to which Tenant might be put in removing Tenant's merchandise,fixtures,equipment or furnishings and/or for any loss or damage to the same. •r Tenant •e oth 21. DESTRUC .s► 1 ' DAMAGE s . If the demis-•p ' es become=tenantable b- e•% or other cas irsurabl under standard fire and coverage ins ce •uured to be maintained by a • Tenant as descrb-'in S- •• 14,the same shall be rep ' as speedily as ••:sibl at the expense of the a and/. Tenant in accor• with .. it respective covenants to provided,.• , more than fifty percent(5•Yo)of•e floor area ofthe devel•. • •:comes untenantablebecauseof fire or. casual or if less than five(5) of original term of this leas remain •..the date of such fire or er casualty •e Own ..ayfi€it seeleetei giv ce .. ....... in writing terminatin.this e.Ifthe demisedpremises •le because of any damage or•-struction not insurable under standard. .••extended coverage insurance, e O . . . .. entice • in writing terminating this lease. a • • - . .. to terminatethis shall,within ninety(90)days after such damage or destru r.... .., . . proceed with its portion of restoration,ifany,and Tenant shall proceed forthwith with its portion of restoration,each thereafter being obligated to restore in accordance with their respective covenants to insure as set out in Section 14 and each proceeding with reasonable speed to restore the premises. Rent shall be abated during the period of any=tensntab'' above_ 22. INSOLVENCY OF TENANT. In the event of the bankruptcy or insolvency of Tenant,the following shall apply: (A) If a petition is filed by,or an order for relief is entered against Tenant under Chapter 7 of the Bankruptcy Code and the trustee of Tenant elects to assume this lease for the purpose of assigning it,such election or assignment,or both,may be made only if all of the terms and conditions of subparagraphs(B)and(D)below are satisfied.To be effective,an election to assume this lease must be in writing and addressed to Owner,and in Owner's business judgment,all ofthe conditions hereinafter stated,which Owner and Tenant acknowledge to be commercially reasonable,must have been satisfied. If the trustee fails so to elect to assume this lease within sixty(60)days after such filing or order,this lease will be deemed to have been rejected,and Owner shall then immediately be entitled to possession of the demised premises without further obligation to Tenant or the trustee,and this lease shall be terminated. Owner's right to be compensated for damages in the bankruptcy proceeding,however,shall survive such termination. (B) If Tenant files a petition for reorganization under Chapters 11 or 13 ofthe Bankruptcy Code,or if a proceeding filed by or against Tenant under any other chapter of the Bankruptcy Code is converted to a Chapter 11 or 13 proceeding and Tenant's trustee or Tenant as debtor-in-possession fails to assume this lease within sixty(60)days from the date of the filing of such petition or conversion,then the trustee or the debtor-in-possession shall be deemed to have rejected this lease. To be effective,any election to assume this lease must be in writing addressed to Owner end,in Owner's business judgment, all of the following conditions which Owner and Tenant acknowledge to be commercially reasonable,must have been satisfied: (1) The Trustee or the debtor-in-possession has cured or has provided to Owner adequate assurance,as defined in this subparagraph(B),that: (a) It will cure all monetary defaults under this lease within ten(10)days from the date of assumption;and (b) It will cure all nonmonetary defaults under this lease within thirty(30)days from the date of assumption. (2) The trustee or the debtor-in-possession has compensated Owner,or has provided Owner with adequate assurance, as hereinafter defined,that within ten(10)days from the date of assumption Owner will be compensated for any pecuniary loss it has incurred arising from the default of Tenant,the trustee,or the debtor-in-possession,as recited in Owner's written statement of pecuniary loss sent to the trustee or debtor-in-possession. (3) The trustee or the debtor-in-possession has provided Owner with adequate assurance ofthe future performance of each of Tenant's obligations under this lease;provided,however,that: (a) From and after the date of assumption of this lease,it shall pay all monetary obligations,including the minimum and percentage rents payable under this lease in advance in equal monthly installments on each date that such rents are payable; (b) It shall also deposit with Owner,as security for the timely payment of rent,an amount equal to three(3) months'minimum rent and other monetary obligations payable under this lease; (c) From and after the date ofassumption ofthis lease,it will pay as minimum rental an amount equal to the sum of the minimum rent otherwise payable under this lease,plus the highest amount of the annual percentage rent paid by Tenant to Owner within the five(S)year period prior to the date of Tenant's petition under the Bankruptcy Code. This amount will be payable in advance in equal monthly installments on each day that the minimum rent is payable; ITFITF�?g{ (d) If not otherwise required by the terms of this lease,it shall also pay in advance,on each day that any installment of minimum rent is payable,one-twelfth(1/12th)of Tenant's annual tax,escalation and other obligations under this lease;and (e) The obligations imposed upon the trustee or the debtor-in-possession will continue for Tenant after the completion of bankruptcy proceedings. (4)Owner has determined that the assumption of the lease will not (a) Breach any provision in any other lease,mortgage,financing agreement,or other agreement by which Owner is bound relating to the development;or (b) Disrupt,in Owner's judgment,the tenant mix ofthe development or any other attempt by Owner to provide a specific variety of retail stores in the development which,in Owner's judgment,would be most beneficial to all of the tenants of the development and would enhance the image,reputation,and profitability of the development. (5)For purposes of this subparagraph(B),"adequate assurance"means that: (a) Owner determines that the Tenant,trustee or the debtor-in-possession has,and will continue to have, sufficient unencumbered assets,after the payment of all secured obligations and administrative expenses,to assure Owner that the trustee or the debtor-in-possession will have sufficient funds limelyto fulfill Tenant's obligations under this lease and to keep the demised premises properly staffed with sufficient employees to conduct a fully operational,actively promoted business in the demised premises;and (b) An order shall have been entered segregating sufficient cash payable to Owner and/or a valid and perfected first lien and security interest shall have been granted in property of Tenant,trustee,or debtor-in-possession which is acceptable in value and kind to Owner,to secure to Owner the obligation of the Tenant,trustee or debtor-in-possession to cure all monetary and nonmonetary defaults under this lease within the time periods set forth above. (C) In the event this lease is assumed by a trustee appointed for Tenant or by Tenant as debtor-in-possession under the provisions of subparagraph(B)above and,thereafter,Tenant is either adjudicated a bankrupt or files a subsequent petition for arrangement under Chapter I I ofthe Bankruptcy Code,then Owner may,at its option,terminate this lease and all the Tenant's rights under it,by giving written notice of Owner's election so to terminate. (D) If the trustee or the debtor-in-possession has assumed this lease,pursuant to subparagraph(A)or(B)above,to assign or to elect to assign Tenant's interest under this lease or the estate created by that interest to any other person,such interest or estate maybe assigned only ifthe intended assignee has provided adequate assurance of future performance, as defined in this subparagraph(D),ofall of the terms,covenants,and conditions of this lease.For the purposes ofthis subparagraph(D)"adequate assurance of future performance"means that Owner has ascertained that each of the following conditions has been satisfied: (1) The assignee has submitted a current financial statement,audited by a certified public accountant,which shows a net worth and working capital in amounts determined by Owner to be sufficient to assure the future performance by the assignee of the Tenant's obligations under this lease; (2) If requested by Owner,the assignee will obtain guarantees,in form and substance satisfactoryto Owner,from one or more persons who satisfy Owner's standards of creditworthiness;and (3) The assignee has submitted written evidence,satisfactory to Owner of substantial retailing experience in developments of comparable size to the development which is the subject of this lease and in the sale of merchandise and services permitted under this lease;and (4) Owner or the assignee has obtained consents or waivers from any third parties which maybe required under any lease,mortgage,financing arrangement,or other agreement by which Owner is bound,to enable Owner to permit such assignment. (E) When,pursuant to the Bankruptcy Code,the trustee or the debtor-in-possession is obligated to pay reasonable use and occupancy charges for the use of all or part ofthe demised premises,it is agreed that such charges will not be less than the minimum rent as defined in this lease,plus percentage rent and other monetary obligations of Tenant included herein. (F) Neither Tenant's interest in this lease nor any estate of Tenant created in this lease shall pass to any trustee,receiver, assignee for the benefit of creditors,or any other person or entity,nor otherwise by operation oflaw under the laws of any state having jurisdiction of the person or property of Tenant,unless Owner consents in writing to such transfer. Owner's acceptance of rent or any other payments from any trustee,receiver,assignee,person,or other entilywiil not be deemed to have waived,or waive,either the requirement of Owner's consent or Owner's right to terminate this lease for any transfer of Tenant's interest under this lease without such consent. liN 9 • 23. HOLDING OVER. In the event the Tenant remains in possession ofthe demised premises,for restoration or otherwise,after the expiration ofthis lease and without the execution of a new lease,it shall be deemed to be occupying said premises as a tenant from month to month.If Tenant does so continue to remain in possession ofthe demised premises,it shall pay rent to the Owner ataprorated daily rate o - - times the last periodic rental rate specified in Section 4 ofthis lease;such occupancy shall be subject to all of the other .e ditions,.revisions,and obligations of this lease. sue-'uarter 125; 24. WAIVER. One or more waivers of any covenant or condition by the Owner shall not be construed as a waiver of a subsequent breach of the same covenant or condition,and the consent or approval by the Owner to or of any act by the Tenant requiringthe Owner's consent or approval shall not be deemed to waive or render unnecessary the Owner's consent or approval to or of any subsequent similar act by the Tenant 25. )'ROTECTION FROM SUBROGATION. Neither Owner nor Tenant shall be liable to the other fir any business interruption or loss or damage to property or injuryto or death of persons occurring on the demised premises or the adjoining properties,sidewalks,streets or alleys,or in any manner growing out of or connected with Tenant's use and occupation of said premises,or the condition thereof orofsidewalks,streets or alleys adjoining caused by the negligence or other fault of Owner or Tenant or of their respective agents,employees, subtenants,licensees or assignees,to the extent that such loss or damage to property or injury to or death ofpersocs is covered by or indemnified by proceeds received from insurance carried by the other party(regardless of whether such insurance is payable to or protects Owner or Tenant or both)or for which such party is otherwise reimbursed;and Owner and Tenant each hereby respectively waive all right of recovery against the other,its agents,employees,subtenants,licensees and assignees,for any such business interruption or loss or damage to property or injury to or death of persons to the extent the same is covered or indemnified by proceeds received from any such insurance,or for which reimbursement is otherwise received,providing that such waiver shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof Nothing in this section contained shall be construed to impose any other or greater liability upon either Owner or Tenant than would have existed in the absence of this section. 26. NOTICES. Whenever under this lease a provision is made for notice of any kind,it shall be deemed sufficient notice and service thereofif such notice to the Tenant is in writing addressed to the Tenant at Beverly Hills Plaza,7846 West Dodge Road,Omaha,Nebraska 68114 or at the last office address of Tenant and sent by certified mail with postage prepaid,and if such notice to the Owner is in writing,addressed to the Owner at 550 Elkwood-THE CENTER MALL,42°"and Center Streets,Omaha,Nebraska 68105- 2982,and sent by certified mail with postage prepaid. 27. CONSTRUCTION OF THIS LEASE. Nothing contained herein shall be deemed or construed by the parties hereto,nor by any third party,as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto,it being understood and agreed that neither the method of computation of rent,nor any other provision contained herein,nor any acts ofthe parties herein,shall be deemed to create any relationship between the parties hereto other than the relationship of Owner and Tenant Whenever herein the singular number is used,the same shall include the plural,and the neuter gender shall include the feminine and masculine genders.If any provision of this lease shall be held to be invalid,such provision shall be deemed to be a severable provision and the lease itself shall remain in full force and effect as though the invalid provision had not been included herein. 28. NONLIABILITY OF OWNER. The Owner shall not be responsible or liable to the Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying premises above,below,adjoining or in any other part of the building of which the demised premises are a part or for any loss or damage resulting to the Tenant or its property from bursting,stoppage or leaking water,gas,sewer or steam pipes. 29. TAXES. Tenant shall be liable for and shall pay before delinquent all taxes levied against or for any leasehold interest or on Tenant's right to occupy the demised premises or on personal property end trade fixtures ofwhatever kind and to whomever belonging situated or installed in or upon the demised premises.If any such taxes are levied against Owner or Owner's property or ifthe assessed value of Owner's property is increased by inclusion of personal property and trade fixtures in the demised premises and Owner elects to pay the taxes based on such increase,Tenant shall pay Owner upon demand that part of such taxes for which Tenant is primarily liable hereunder. Tenant shall be liable for and shall pay Owner each month,in advance,during the term ofthis lease that amount determined by (a)adding 1/12 of all taxes payable for the year in which the applicable month Hills,(b)deducting therefrom the portion of such taxes billed as common area expense for such month pursuant to Section 8 ofthis lease,and(c)multiplying the remaining sum by a fraction,the numerator ofwhich shall be the floor area of the demised premises and the denominator of which shall be the total rentable floor area in the development on the first day of the applicable month,excluding rentable floor area in any building which,with the land on which it is erected,comprises a separate tax lot and for which taxes thereon are excluded from INjTT 4T I 10 i i • (a)above.If for any mouth the amount of any tax payable during the then current tax year shall not have been determined by the taxing authority,then the tax payable shall be based on the amount ofthe corresponding tax for the immediately preceding tax year,subject to immediate adjustment when the amount of such tax shall be determined.If Bayles shall be levied,assessed or imposed for any fiscal period which does not contain 12 months,then,in making the computation of taxes pursuant to(a) above for each month in such fiscal period,there shall be used in lieu of 1/12 of such tax,that proportion arrived at by dividing such tax by the number of months in such fiscal period. For the purposes of determining(a)above the term"taxes"shall include all real estate taxes,assessments,and other governmental impositions and charges of every kind and nature whatsoever,extraordinary as well as ordinary,foreseen and unforeseen,and each and every installment thereof;which shall or may during the term of this lease be levied,assessed, imposed,become due and payable,become liens upon,arise in connection with the use,occupancy or possession of j or grow due or payable out of;or for,the development or any part thereof;or any land,buildings or other improvements therein,excluding,however,any of the foregoing relating to any parcel included in the development which comprises a separate tax lot for the purpose of assessment for real estate taxes and which is occupied by single occupant building(s)or by building(s) Nothing herein contained shall be construed to include as"taxes"any inheritance,estate,succession,transfer,gift,franchise, corporation,income or profit tax or capital levy that is or may be imposed upon Owner,provided,however,that if at anytime the methods of taxation prevailing at the commencement of the term of this lease shall be altered so that in lieu of or as a supplemental,additional or alternative tax for the whole or any part ofthe taxes now levied,assessed or imposed unreal estate as such there shall be levied,assessed or imposed any substitute,supplemental,additional or alternative tax or license fee imposed upon Owner which is otherwise measured by or based in whole or in part upon the development or any portion thereof;then the same shall be included in the computation oftaxes hereunder,computed as if the amount of such tax or fee so payable were that due if the development were the only property of Owner subject thereto. If Owner receives a refund of any portion of the taxes previously paid by Tenant,Owner shall refund to Tenant the proportion of such refund net ofexpenses(including attorneys'and appraisers'fees)incurred in obtaining such nefimd,thatis equivalentto the proportion of the original tax paid by Tenant Tenant shall not institute any proceedings with respect to the assessed valuation ofthe development or any part thereof for the purpose of seeming a tax reduction.Owner,at Owner's sole discretion, may apply for a reduction or correction of any assessment and may appeal or contest any assessment provided all costs and expenses(including attorneys'and appraisers'fees)of such application,appeal or contest shall be,and are hereby specifically agreed to be,included in the definition of"taxes"under this section for purposes ofcomputing the amount defined in(a)above. It is further agreed that if Owner does not institute or file such application,appeal or contest,then iftenaots(jncludingTenant) occupying seventy-five percent(75%)ofthe floor area of the development(excluding floor area on any parcel included in the development which comprises a separate tax lot for the purpose of assessment 6or real estate taxes and which is occupied by single occupant building(s)or by buildings)owned other than by Owner)shall desire to have such proceedings instituted or filed and shall give Owner written notice of such desire at least twenty(20)days prior to the last day for the institution or filing of same,then Owner shall institute and diligently prosecute such proceeding provided all costs and expenses(including attorneys'and appraisers'fees)thereof shall be included in the definition of'taxes"hereinabove and provided Owner may at any time settle such proceedings without the consent of Tenant and said other Tenants. Any application,appeal or contest instituted hereunder shall be prosecuted under the sole discretion and control of the Owner,and Tenant agrees to cooperate with Owner in any such application,appeal or contest 30. EXCUSE FOR NONPERFORMANCE. The performance of any obligation or undertaking provided for herein by Owner shall be excused and no default shall be deemed to exist in the event,and so long as the performance of any such obligation is prevented,delayed,retarded,or hindered by act of God;fire;earthquake;flood;explosion;action of the elements;war;invasion;insurrection;riot mob violence; sabotage;inability to procure or general shortage of labor,equipment,facilities,materials,or supplies in the open marker, failure of transportation;strikes;lockouts;action of labor unions;condemnation;requisition;laws;orders of government or civil or military or naval authorities;or any other cause beyond the control of the Owner. 1Provided Tenants representing no less than seventy-five percent(75%)ofthe rentable area inBeverly Hilts pattic pate,tlfai 31. I MERCHANTS ASSOCIATION AND COMMON PROMOTIONAL FUND. Tenant agrees to become a member and then maintain membership in the Merchants Association in this development Tenant further agrees to join in providing seasonal decorations,participate in the joint promotional effort ofthe Association and assist with projects of common interest to the merchants in said development including but not limited to enforcement of parking regulations;collective trash healing•if any;merchants'directory,if any;and all such other activities as may from time to time be determined by the Association as worthy of community interest and control. Although Owner may convey collected funds to the Merchants Association and may assign its rights to collect such funds to the Merchants Association,Tenant hereby agrees to pay Owner monthly,in advance,for common promotional find purposes,one- twelfth(1/12)of that amount determined by applying the square footage of Tenant's demised area to the following: Gross Square Feet Rate Per Foot of Demised Area Per Yea fast 1,000 S039 next 1,000 032 next 2,000 029 next 3,000 026 next 3,000 023 over 10,000 020 _NTTIA Lea 11 1 j 32. ALTERATIONS.ADDITIONAL STRUCTURES AND PARKING RATIO. Owner reserves the right to make alterations to the development and to erect or cause others to erect additional building structures which may be above or adjoin the demised premises or which may be in the parking areas or elsewhere in said development;and the Owner may construct double decked,underground,or elevated parking areas and/or rearrange the parking or common areas providing,however,that the Owner shall during the entire term ofthis lease provide aparkingration of not less than four(4)car spaces of paved parking for each 1,000 square feet of total rented sales and offices area. 33. ,SPRINKLER SYSTEM. 34. TENANT'S DEFAULT IN PAYMENTS. If any rent or other sums due and payable under this lease are not paid by the Tenant within - days after same are due and payable,it is agreed that the rent or other sums payable shall be one and one-tenth(1-1/10th)times the amount otherwise due and shall in addition to such increased rent bear interest at the maximum rate allowed by law from the date same ate due and payable until paid. If any rent or any other sums payable by Tenant hereunder shall remain unpaid ten(10)days after written notice that same are due and payable,then it shall be optional for the Owner to re-enter the demised premises,with or without process of law, declare this lease forfeited and said term ended. Owner shall use such force as may be necessary to move or remove all persons or chattels therein and the Owner shall not be liable for damages by reason of such re-enhyor forfeiture and any claims for trespass or otherwise arising out of such repossession are hereby expressly waived by Tenant. In the event that Owner declares the lease forfeited as provided for in this Section 34,then as amount equal to the total remaining guaranteed rental for the balance ofthe term hereof shall be immediately due and payable in trust either to investors who hold a real estate mortgage on the Owner's property or to the Owner.Such funds so held shall be used by the Owner first to pay all reasonable expenses,including any brokerage fees and the cost of re-leasing and/or reconstruction,connected with obtaining and securing a new tenant for the demised premises upon such terms and conditions as the Owner shall deem reasonable and proper and then to apply any part ofthe balance against the guaranteed rental each month until the Owner has successfully obtained a new tenant and then to apply any part of the balance to the difference,if any,in total rental for the remaining term ofthis lease and such new lease and then to distribute the remaining balance,if any,to the Tenant The Owner shall have full end uncontested right to take possession of the premises along with the Tenant's fixtures,inventory or other property on the premises,holding same as additional security for the rental hereunder.But notwithstanding such re-entry by the Owner and the holding of said funds,Tenant's fixtures,inventory or other personal property,the liability ofthe Tenaotfix the rentals and other covenants for the balance of the term provided for herein shall not be relinquished or extinguished.It is further agreed that the Tenant will pay,in addition to the rentals and other sums agreed to be paid hereunder,all costs and expenses incurred by the Owner as well as such sums as the court may adjudge reasonable as attorneys'fees in any suit or action instituted by the Owner to enforce the provisions of this lease or the collection of the rentals or other payments due hereunder. OTHER DEFAULI. lithe Tenant shall violate or default covenants,agreements,stipulations(including the Tenant's obligation to fixture,open,and operate the demised premises)or any other conditions other than the payment of rentals and sums payable hereunder and such violation or default shall continue for a period ofthirty(30)days after written notice of such violation or default,then it shall be optional for the Owner to re-enter said premises,with or without process of law,and to declare this lease forfeited and the said term ended.Owner shall use such force as may be necessary to remove all persons or chattels therefrom;and the Owner shall not be liable for damages by reason of such re-entry or forfeiture;end any claims fu trespass or otherwise arising out of such repossession are hereby expressly waived by Tenant But notwithstanding such re-entry by the Owner,the liability of the Tenant for the rentals and other covenants for the balance of the term provided for herein shall not be relinquished or extinguished.It is further agreed that the Tenant will pay such additional sums the court may adjudge reasonable as attorneys' fees in any suit or action instituted by the Owner to enforce the provisions of this lease. 35. LIEN ON PERSONAL PROPERTY. • INITL&Ln I 12 36. EXISTING IMPROVEMENTS AND FINISHES. In the event the demised premises contain previously installed or previously constructed improvements and interior finishes including,but not limited to,store front,finished ceilings,interior partitions,wall finishes,lighting,floor covering,electrical wiring,air handling or heating and air conditioning equipment including ducts and diffusers and controls,Tenant recognizes said improvements and finishes and assumes the obligation therefor in accordance with all of the provisions of this lease including,but not limited to,provisions regarding Maintenance and Care ofPremises,Insurance,Destruction or Damage to Premises,and Taxes. 37. LEASE IN SHORT FORM. Tenant agrees not to record this lease;but each party hereto agrees,on the request of the other,to execute a so-called"short form"of lease in form recordable and reasonably satisfactory to Owner's attorneys. In no event shall such"short form"set forth the rental or other charges payable by Tenant under this lease,and any such"short form"shall expressly state that it is executed pursuant to the provisions contained in this lease and is not intended to varythe terms and conditions ofthis lease. 38. ASSIGN. The Owner may assign its rights under this lease as security to the holder of one or more mortgages(which term shall include mortgage,trust deed,or other encumbrance)now or hereafter in force against all or any part ofthe land or improvements ofthe development and to all advances made or hereafter to be made upon the security thereof SUBORDINATE. Upon request ofthe Owner,Tenant will subordinate its rights hereunder to the lien of one or moremortgages(which term shall include mortgage,trust deed,or other encumbrance)now or hereafter in force against all or any part of the land and improvements of the development and to all advances made or hereafter to be made upon the security thereof ATTORNMENT. In the event of any default of mortgage(which term chap include mortgage,trust deed, or other encumbrance)by Owner whereby Owner loses title to or possession of the premises covered by such mortgage,the Tenant agrees to attorney to the mortgagee,any of its successors or assign (including anyone purchasing said premises at a foreclosure sale)and to recognize said mortgagee or purchaser as the Owner under this lease. OWNLg LIABILITY. Notwithstanding anything to the contrary provided in this lease,it is specifically understood and agreed,such agreement being a primary consideration for execution ofthis lease,that there shall be absolutely no liability on the part ofthe Owner,Owner's managing agent,or individual stockholders or partners in the aforementioned entities,their successors or assigns,with respect to any of the terms,covenants and conditions ofthis lease except to the extent of equity in the property and that Tenant shall look solely to the equity in the property for satisfaction of any and all remedies of Tenant in the event' any breach of any of the terms,covenants and conditions of this lease to be performed by Owner or Owners mans; _such a •ation of liability to be absolute and without any exception whatsoever. incl '':rents and• •fits 39. REMEDIES CUMULATIVE. The rights,options,elections,and remedies of the Owner contained in this lease shall be cumulative;and no one ofthem shall be construed as excluding any other or any right,priority,or remedy allowed or provided by law. 40. SUCCESSORS. All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind the respective heirs,executors,administrators,legal representatives,successors,and assigns of said parties.No rights,however,shall inure to the benefit of any assignee ofthe Tenant unless the assignment to such assignee has been approved by the Owner in writing as required in Section 17. 41. TENANT'S PLANS FOR OWNER'S RECORDS. In order to enable the Owner to have permanent records ofthe demised premises as constructed,Tenant agrees that prior to the first opening of the demised premises if any construction is accomplished by Tenant and simultaneously withthe completion of any major remodeling or any remodeling of plumbing lines of the demised premises it will submit to the Owner one set of its store front plans,interior plans,interior partitioning plans,heating and cooling plans,lighting and electrical plans,and plumbing plans. 42. SIGNATURES OF BOTH PARTIES. This lease shall not be in effect or binding upon either party until it is signed by both parties. INITits La i 13 I i • 43. OTHER AGREEMENTS. The Tenant and the Owner hereby agree that this lease as written represents the entire agreement between the parties and there are no other agreements,written or verbal,between the parties hereto. 44. CANCELLATION OF PRIOR LEASE. Upon the effective date of this lease,that lease dated January 26,1989,as amended September 24,1 996,for Space No.7846 West Dodge Road,Beverly Hills Plaza,shall be cancelled,void,and of no further force and effect 45. BEVERLY HILLS PLAZA EXPANSION/REMODEL. In the event Owner either expands Beverly Hills Plaza or performs a substantial remodel to Beverly Hills Plaza, Owner shall have the right,upon no less than ninety(90)days prior written notice,to relocate Tenant,at Owners expense,to another comparable location within Beverly Hills Plaza. 17. ASSIGNMENT AND VOTING CONTROL(Coatiauedl. Owner approvals required in accordance with this lease section shall not be unreasonably withheld. Transfers of stock in the tenant corporation between immediate family members shall not be considered a transfer within the meaning of this lease section. IN WITNESS WHEREOF,the Owner and the Tenant have executed this lease on the day and year first above written. BEVERLY HILLS,L.L.C., By its Manager First Management,Inc. President OWNER Attest Secretary HOLIDAY,INC. President TENANT 14 STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On this day of ,2002,before me a notary public in and for said county and state, personally appeared and ,to me personally known,who being by me duly sworn did say that they are respectively the and of said and that the seal, if affixed to said instrument, is the seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and said and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation. Witness my hand and notarial seal the day and year last above written Notary Public STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On this day of ,2002,before me a notary public in and for said county and state, personally appeared and ,to me personally known,who being by me duly sworn did say that they are respectively the and of said and that the seal, if affixed to said instrument, is the seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and said and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation. Witness my hand and notarial seal the day and year last above written. Notary Public . . -IIII • . I. • • • --I • - i •-.....1 T EHoliday, Inc. a' Space No. 7846 • ,�� ? '�, .O • `j o a �. 1 T. . 1 ......./ • - i 4 . • s a: m y ` r- m • SIHIBIT A • ..;y) 4 GUARANTEE THIS AGREEMENT, dated this 10d' day of July, 2002, entered into by and between BEVERLY HILLS, L.L.C., a Nebraska Limited Liability Company by its Manager First Management, Inc., with offices at The Center, 1941 South 42°a Street, Suite 550, Omaha, Nebraska 68105-2982, hereinafter called "Owner", and THOMAS FOLEY of 11606 Howard Road,Omaha,Nebraska 68154,hereinafter called the"Guarantor"; WITNESSTH: That Owner is, simultaneously herewith, entering into a lease with HOLIDAY, INC., as Tenant, said lease being dated the 10`" day of July, 2002, and covering Space No. 7846 West Dodge Road, Beverly Hills Plaza, in the City of Omaha, County of Douglas,State of Nebraska. NOW, THEREFORE, in consideration of Owner entering into said lease with HOLIDAY, INC., as Tenant, Guarantor does hereby guarantee the rental and other payments required as well as all of the terms, conditions, covenants and agreements as contained in said lease on the part of the Tenant to be performed and further agrees that he will be jointly and severally liable with Tenant for the performance of all the conditions of the lease.The Guarantor agrees that this Guarantee shall not be affected by any limitation of recovery,by the amount of recovery, or by the disaffirmance of said lease, where said limitation, said amount, or said disaffirmance arises out of bankruptcy,reorganization,or insolvency of the Tenant,its successors or assigns. The Guarantor agrees that he may be made party defendant either alone or in connection with Tenant in any action brought under the provisions of said lease. The provisions, covenants and conditions of this agreement shall bind and inure to the benefit of the legal representatives,successors and assigns of the respective parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this agreement on the day and year first above written. BEVERLY HILLS,L.LC., By its Manager First Management,Inc., President OWNER Attest: Secretary THOMAS FOLEY GUARANTOR STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On this day of ,2002,before me a notary public in and for said county and state, personally appeared and ,to me personally known,who being by me duly sworn did say that they are respectively the and of said and that the seal, if affixed to said instrument, is the seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and said and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation. Witness my hand and notarial seal the day and year last above written. Notary Public STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On this day of ,2002,before me,a notary public in and for said county and state,personally appeared to me known to be the identical; persons who executed the within and foregoing instrument; and they acknowledged their execution thereof to be their voluntary act and deed. Witness my hand and notarial seal the day and year last above written. Notary Public IKE L L E Y Q� 7134 Pacific St. • Omaha,NE 68106 LINCOLN OFFICE (x Ti ' R RA M (402)397-1898 • Fax(402)397-1293 625 South 14th St.,Suite e Lincoln.NE 68508 1-800-472-4529 (402)474-2303•Fax(492)474 4052 I P C L L www.kelleyandjerram.com MISSOURI OFFICE 656 Bayberry Lane,Suite 105 Attorneys At Law Lees Surnmlt.MO 64064 (816)472-4529 MICHAEL A. KELLEY(NE) CHRISTOPHER D. JERRAM(NE,MO,Es KS) SEAN P. KELLEY(NE) TOM KELLEY(1919-1989) January 23, 2014 Via First Class Mail k^ t,;,(_-h i/E Nebraska Liquor Control Commission 301 Centennial Mall South '4 IV 2 ll PO Box 95046 Lincoln, NE 68509-5046 '_j " ,' r: p- Re: Application for Addition to Liquor License. Trade Name: Holiday Lounge License Number: C—001367 Dear Sir/Madam: Enclosed please find the following with respect to tht.;above referenced matter: 1) Application for Addition to Liquor License; 2) Check in the amount of$45.00 for application fees; 3) Copy of the Lease; and 4) Hand drawn sketch of existing licenses area and area to be added. Thank you for your assistance in this matter. Sho(.:ld you have any questions or need any additional information,please do not hesitate to contact '.:s. With ki,blest regards, Kala :z Va en ,. Legal A.sista Michael A. Kelley, Sean P. Kelley and Christopher D. Jerram /kv Enclosures PLANNING DEPARTMENT R RAT I ; f DATE: FEBRUARY 6,2014 DUE DATE: FEBRUARY 20,2014 } FE` I CITY COUNCIL HRG MARCH 4,2014 LOCATION: 7846 DODGE STREET LEGAL DESCRIPTION: REQ AN ADDITION OF A WALK IN COOLER APPROX. 8' X 8' THE NORTH APPLICANT: HOLIDAY INC.,DBA"HOLIDAY LOUNGE" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: RESTAURANT/BAR THIS REQUEST DOES() DOES NOT(X) PERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE 14A PERMITS OBTAINED )/LL IF OUTSIDE: ,. OUTSIDE AREA IS f FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) ANNEXATION DATE: A L ORDINANCE NO. 7 (Only if within last 24 minhs) IS ING ZONINJ A I - ��+1 EXITING LAND USE. < `<�116cW-mil‘ / !,) ADJACENT LANDD ZONING: �\ ,0)`411�0ln Urn I:J7-h —� ,....__�._ 9 i 2 f C.- f L."- l ��1 ,OUT Nv vu�u,�fw��_,'�'I ` lc i_2I c�� C_ C_ -A(-'_1 ' .v. / ) �� �• , E T. ��/ "mil - ; A-- < ) ve--i LT- •- C_.- ICL..( `-) t • jr C+� .. W ST: 1\41. U ` T� --Z.'., �tiN 1' ' A_ (� i c.._j-- ' �-__A - -2, PARKING STALLS P OVIDED: \Qom-, Co I-/ '3- dzt (.0 IN \-7-0 EXISTING USE DOES(') DOES NOT( )COMPLY WITH ZO ING REGUL TIONS PLUMBING FIXTURES PROVIDED: WOM,N'S I LL>v /<__)-77-1,l) S MEN'SV/k 6 2>0\ - C7�Z._ Q_( I\, DATE SUBJECT PROPERTY WAS POSTED: -.- 1 U - 1 "1- A -C_. (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: v -- --- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: C.)e- -_.-. (State La ) DISTANCE OF?ROPOSED LICENSE.TO ANY HURCH V't------ SCHOOL C' -- PITAL� HOME FOR THE AGED,INDIGENT OR VETERANS �7 4� _CULL EGE OR UNIVERSITY (3 �- 4 1' (t. i 4 ( thorized Signature) (Date) i F OMAHA' NF® City ofOmaha, SAle bras a �� i allair-,Akej 01.41. 1819 Farnam—Suite LC 1 // ., . d' ijr Omaha, Nebraska 68183-0112 0 . . ._ : co Buster Brown (402) 444-5550 A 1 ti" City Clerk FAX (402) 444-5263 o47 ED FEaRt.* February 18, 2014 Holiday, Inc. Application for an addition to your present Dba"Holiday Lounge" Class "C" Liquor License location to add a 7846 Dodge Street walk in cooler approx. 8' x 8' to the north Omaha, NE 68114 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for March 4, 2014 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant or his/her representative for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj 1,4,7///r 1Wri ,/r NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that HOLIDAY, INC. DBA "HOLIDAY LOUNGE" has applied for an ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION 1On and Off Sale beer,wine and liquor' FOR A WALK IN COOLER APPROX. 8' X 8' TO THE NORTH located at 7846 DODGE STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, MARCH 4, 2014 at 2:00 P.M. in the Legislative Chambers, Omaha/Douglas Civic Center at 1819 Farnam Street. Testimony will be received from interested parties at this meeting. You may submit written testimony to the City Clerk, 1819 Farnam Street, Omaha, NE 68183 prior to the hearing date. Buster Brown City Clerk REQUESTS FOR SIGN-LANGUAGE INTERPRETERS(SIGNERS), REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, REQUESTS REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. IF YOU NEED ACCOMODATIONS, PLEASE NOTIFY BUSTER BROWN, CITY CLERK, AT 444-5557. No. Holiday, Inc., dba "Holiday Lounge", 7846 Dodge Street, requests permission for an addition to their present Class "C" Liquor License location of a walk in cooler approx. 8' x 8' to the north. Property posted: 02-10-14; Notification sent: 02-21-14. 03-04-14;cj 1 RECEIVED Presented to Counc March 4, 20 - roved Buster Brown City Clerk