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RES 2013-0822 - Change location of Chef Hattam STATE. OF 14 E Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION Governor • Hobert B. Rupe Executive Director '! 301 Centennial Mall South, 5th Floor P.O. Box 95046 Lincoln, Nebraska 68509-5046 Phone (402) 471-2571 Fax (402) 471-2814 IRS USER 800 833-7352 (TTY) May 8, 2013 OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 RE: CHANGE OF LOCATION //(,,4 . l71 5 l f The below referenced licensee has submitted a request for a change of location. LICENSE #: DK-070183 LICENSEE NAME: CHEFHATTAM INC TRADE NAME: CHEF HATTAM CATERING ADDRESS: 4963 CENTER STREET CITY/COUNTY: OMAHA / DOUGLAS PREMISE PHONE: 402-708-3474 NEW ADDRESS: 4963-CENTER-STREET- ° i^ f" NEW DESCRIPTION: MAIN FLOOR AND BASEMENT AREA APPROX 75'X 40' Please present this request to your board and send us the results of that action. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION Randy Seybert Licensing Division 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 EISTORY LICENSE #DK 70183 CHEF HATTAM, INC 4963 CENTER STREET 68106 934-0011 DBA CHEFHATTAM CATERING NLCC ORDERS OTHER ACTIVITIES 10-18-05 -RES#1312 GRANT* 06-11-13 - REQ CHANGE OF LOC TO 1228 SOUTH 6TH STREET* LICENSED PREMISES 1 STY BLDG APPROX 14' X 60' OFFICERS: PRES/MGR -JOHN HATTAM©708-3474 *VP -MICHELLE HATTAM, 2118 MAYFAIR DR, 68144 (H) 556-6718 * DAILY RECORD: Charge to General Ordinance Order NO. 2447H. CATERING PERMIT Please publish: June 3, 2013 Notice is hereby given that Chef Hattam, Inc., dba "Chef Hattam Catering", 4963 Center Street, has filed application for a Change of Location of their present Catering Permit to sell beer, wine and alcoholic liquor for consumption on such premises as are designated in a Special Designated Permit for specific premises, events and dates to be located at 1228 South 6th Street. That in accordance with provisions of Section 53-1311, Nebraska Liquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, June 11, 2013, at 2:00 o'clock P.M., at which time the City Council shall receive evidence either orally or by affidavit from any person desiring to give evidence in support of or protest against issuance of the Catering Permit. Buster Brown City Clerk Page : 1 Document Name : untitled PARC 4382 0000 19 FB 25 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 01228 S 006 ST OMA 68108 OWNER OR TAXPAYER INFORMATION NAME 1228 CORPORATION DATE OF LAST CHANGE 08-02-2010 + C/O IVAN KONSUL BK/PG OR DOC# 2010 64972 ADDR 202 BASSWOOD CRT HOMESTEAD DELETE CITY BELLEVUE ST NE ZIP 68005 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD- - - - YEAR - - -DATE--- - --LAND-- - - -IMPR- - --TOTAL- - PAR RSN NUMBER TY CD PCT VALUE 2006 03-14-2006 7000 81500 88500 IR OVER 1 ACRE IND OVERRIDE AMOUNT ADDITION NO . 29640 LOT 4 HALF BLOCK 1 HALF PARK WILD ADD SECT TOWN RANGE PLAT 0065 LEGAL DESCRIPTION - - - - - - - - -LEGAL DESCRIPTION 1 40 X 100 . 5 2 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB Date : 5/13/2013 Time : 10 :41 : 25 AM - - - 2013-05-09 09:28 W F 45th Center 1 402 E:-.,81 -777 402 471 2814 P 2/2 6E VV1v Print Name of Signature attire or Officer State Nebraska County of Pc) 1 6.5_ The forgoing i strument was Inowiedge before me this 9 020 Date Ota b• Sig Arm Seat 1,•$,. 4ENERAL NOTARY•Sta of Nebraska DAVID GONZALEZ My Comm.Ev..Aug.18,2018 2 !! • I p ,USINESS PERtiPERrrY LEASE • THIS LEASE is entered into this 1st day of March, 2013 between 1228 Corp., a Nebraska Corporation, herein after referred to as Landlord, and John D. Hattam, d/b/a Chief Hattam Inc., herein referred to as Tenant. 1. PREMISES. Landlord leases to Tenant the real property located at 1228 South 6th Street and 1305 South 6th Street (the "Premises"), containing approximately 1931 finished square feet on the following terms and conditions. 2. TERM. This Lease shall be for a term of Three (3) years, beginning on the 1st day of March 2013, and ending on the 29th day of February, 2016. 3. USE OF PREMISES. The Premises are leased to Tenant, and are to be used by Tenant, for the purposes of operating of catering and restaurant and for no other purpose. Tenant agrees to comply with all applicable governmental laws, ordinances, and regulations in connection with its use for the Premises, including without limitation all environmental laws and the American with Disability Act (ADA), to keep the Premises in a clean and sanitary condition, and to use all reasonable precaution to prevent waste, damage, or injury to the Premises. Tenant specifically agrees to keep Premises outside building and parking lot clean and debris free. 4. RENT. (a) For the period from March 1, 2013 to February 29, 2016: $1,300.00 per month. (b) Expenses. In addition to the Rent, Tenant shall pay when due, utilities including all water, gas, electricity, and plumbing, snow removal, sewer use fees, incurred at or chargeable to the Premises. Tenant shall place all utilities in Tenant's name and be responsible for such costs upon delivery of the Premises from Landlord to Tenant. (c) The rent is due by the first day of every month, and is delinquent if not received by the 5th day of the month. 1 y ' 5. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the Premises, transfer this Lease by operation of law or otherwise, or permit any other person except agents and employees of Tenant to occupy the Premises, or any part thereof, 1 without the prior written consent of Landlord. Landlord may consider any 1 factor it deems relevant in determining whether to withhold consent . including, but not limited to, the following: (a) financial responsibility of the new tenant, (b) identity and business character of the new tenant, (c) nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease or the rent hereunder. 6. PERSONAL PROPERTY AT RISK OF TENANT. All personal property in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for any damage to any property of Tenant or its agents or employees in the Premises caused by any reason whatsoever, including, without limitation, fire, theft, steam, electricity, sewage, gas or odors, or for r any damage done to Tenant's property in moving same to or from the Real Estate or the Premises. Tenant shall give Landlord, or its agents, prompt written notice of any damage to or defects in water pipes, gas or warming or cooling apparatus in the Premises. • 7. LANDLORD'S RESERVED RIGHTS. Without notice to Tenant, without liability to Tenant for damage or injury to property, person, or business, and without effecting an eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent, Landlord shall have the right to: (a) Change the name or street address of the Real Estate. (b) Install and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the rules of the United States Post Office Department. (d) At reasonable times, to decorate, and to make, at its own expense, repairs, alterations, additions, and improvements, structural or otherwise, in or to the Premises, the Real Estate, or part thereof, and any adjacent Real Estate, land, street, or alley, and during such operations to take into and through the Premises or any part of the Real Estate all materials required, and to temporarily close or suspend operation of entrances, doors, corridors, elevators, or other facilities to do so. (e) Possess passkeys to the Premises. (f) Show the Premises to prospective buyers at reasonable times. 2 ;, 1,i[-brir%z.r:n ,._,tal:L.. (g) Take any and all reasonable measures, including inspections or the making of repairs, alterations, and additions and improvements to the Premises or to the Real Estate, which Landlord deems necessary or desirable for the safety, protection, operation, or preservation of the Premises or the Real Estate. (h) Approve all sources furnishing signs, painting, and/or lettering to the Premises, and approve all signs on the Premises prior to installation thereof. (i) Establish rules and regulations for the safety, care, order, operation, appearance, and cleanliness of the Real Estate and to make modifications thereto. 8. INSURANCE. Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereinafter placed on the Real Estate or increase the risks covered by insurance on the Real Estate or necessitate additional insurance premiums or policies of insurance, even if such use may be in furtherance of Tenant's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant, Landlord shall have the right to terminate this Lease or, at Landlord's option, to charge Tenant for extra insurance premiums required on the Real Estate on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery collectible under such policies; provided, that this waiver shall apply only when permitted by the applicable policy of insurance. 9. INDEMNITY. Tenant shall indemnify, hold harmless, and defend Landlord from and against, and Landlord shall not be liable to Tenant on account of, any and all costs, expenses, liabilities, losses, damages, suits, actions, fines, penalties, demands, or claims of any kind, including reasonable attorney's fees, asserted by or on behalf of any person, entity, or governmental authority arising out of or in any way connected with either (a) a failure by Tenant to perform any of the agreements, terms, or conditions of this Lease required to be performed by Tenant; (b) a failure by Tenant to comply with any laws, statutes, ordinance, regulations, or orders of any governmental authority; or (c) any accident, death, or personal injury, or damage to, or loss or theft of property which shall occur on or about the Premises, or the Real Estate, except as the same may be the result of the negligence of Landlord, its employees, or agents. 3 10. LIABILITY INSURANCE. Tenant agrees to procure and maintain continuously during the entire term of this Lease, a policy or policies of commercial general liability insurance from a company or companies acceptable to Landlord, at Tenant's own cost and expense, insuring Landlord and Tenant from all claims, demands or actions; such policy or policies shall in addition to insuring Tenant protect and name the Landlord and Landlord's managing agent as additional Insured and shall provide coverage in a combined single limit per occurrence of at least $1,000,000 for claims, demands or actions for bodily injury, death or property damage made by or on behalf of any person or persons, firm or corporation arising from, related to, or connected with the conduct and operation of Tenant's business in the Premises, or arising out of and connected with the use and occupancy of the Real Estate by the Tenant. All such insurance shall provide that Landlord shall be given a minimum of ten (10) days notice by the insurance company prior to cancellation, termination or change of such insurance. Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance in full force and effect and stating the term and provisions thereof. If Tenant fails to comply with such requirements for insurance, Landlord may, but shall not be obligated to, obtain such insurance and keep the same in effect, and Tenant agrees to pay Landlord, upon demand, the premium cost thereof. 11. DAMAGE BY FIRE OR OTHER CASUALTY. If, during the term of this Lease, the Premises shall be so damaged by fire or any other cause except Tenant's negligent or intentional act so as to render the Premises untenantable, the rent shall be abated while the Premises remain untenantable; and in the event of such damage, Landlord shall elect whether to repair the Premises or to cancel this Lease, and shall notify Tenant in writing of its election within sixty (60) days after such damage. In the event Landlord elects to repair the Premises, the work and repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises, the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. l 4 it ft 12. DEFAULT OR BREACFL Each of the following events shall constitute a default or a breach of this Lease by Tenant: (a) If Tenant fails to pay Landlord any rent or other payments when due hereunder; (b) If Tenant vacates or abandons the Premises; (c) If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or voluntarily takes advantage of any such act by answer or otherwise, or makes an assignment for the benefit of creditors; (d) If voluntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant, or if a receiver or trustee shall be appointed of all or substantially all of the property of Tenant, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty (30) days after the institution or appointment; or (e) If Tenant fails to perform or comply with any other term or condition of this Lease, or any of the rules and regulations established by Landlord, and if such nonperformance shall continue for a period of ten (10) days after notice thereof by Landlord to Tenant, time being of the essence. 13. EFFECT OF DEFAULT. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may exert any one or more of the following rights: 2 (a) Landlord may re-enter the Premises immediately and remove rr15 the property and personnel of Tenant, and shall have the right, u ;i1 but not the obligation, to store such property in a public �, s warehouse or at a place selected by Landlord, at the risk and • ~'' expense of Tenant. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. '7t a Without such notice, Landlord's retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Premises and the difference between the rent due for the balance of the Lease term as though the Lease had not been terminated and the fair market rental value of the Premises for the balance of the Lease term as though the Lease had not been terminated which sum shall be immediately due Landlord from Tenant. 5 . }1 Vic} Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may, choose. Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease, Tenant shall be liable for all expenses of the reletting, for any alterations and repairs made, and for the rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease form reletting the Premises or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph, the Landlord shall pay such excess to Tenant, but only to the extent Tenant 1 has actually made payment pursuant to this sub-paragraph. 14. SURRENDER — HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise, peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties, Tenant shall be deemed a trespasser. If Tenant pays, and Landlord accepts, rent for a period after termination of this Lease, Tenant shall be deemed to be occupying the Premises only as a tenant from month to month, subject to all the terms, conditions, and agreements of this Lease, except that the rent shall be two times the monthly rent specified in the lease immediately before termination. 15. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at 202 Bassword Court, Bellevue NE 68005 and also to Tenant at 1228 S 6 St. Omaha, NE 68108 or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United States mail in the manner prescribed herein. 6 iq 16. FIRST RIGHT OF REFUSAL. Tenant wishes a first right of refusal if Landlord has an offer to sell the Premises. Landlord wishes that Tenant have an opportunity to buy the Premises and agrees to provide a First Right of Refusal regarding sale of the Premise. The consideration for the First Right of Refusal is set forth in paragraph 17. 17. CONSIDERATION. Tenant agrees to pay Landlord $2,500.00; this amount is for Consideration for First Right of Refusal, cleaning, repairs, and/or damages to the leased property at the time this Lease is terminated. If the Tenant breaks this Lease, the $2,500.00 is forfeited, and the entire amount ($2,500.00) is the Landlord's. The Consideration is payable by July 1, 2013. 18. MISCELLANEOUS. (a) Binding on Assigns. All terms, conditions, and agreements of this Lease shall be binding upon, apply, and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver — None. The failure of Landlord to insist upon strict performance of any of the terms, conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall { not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (d) No Surrender. No surrender of the Premises by tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder, or by any other means whatsoever, without Landlord's written acknowledgment that such acceptance constitutes surrender. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do not define, limit, describe, or construe the contents of such paragraphs. (f) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the,.. Stat+ , ,,o Nebraska. T. 7 Ai_ ._ . Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (g) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent, then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LANDLORD: TENANT: Ivan Konsul, President a 1228 Corp. ron/businessleaseversion2 • r �/v� City tut f Omaha i � � bTaSkQI p er', �`', \... AT- 1819 Farnam—Suite LC 1 � Omaha, Nebraska 68183-0112 9 Cluster t own (402) 444-5550 � -� - City Clerk FAX (402) 444-5263 ®-'- ` tp May 29, 2013 ChefHattam, LLC Application for a Change of Location of Dba "Chef Hattam Catering" your present Package and Catering Liquor 1228 South 6th Street License from 4963 Center Street Omaha, NE 68108 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 June 11, 2013 . 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 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 PLANNING DEPARTMENT N:EPORT DATE: MAY 24, 2013 DUE DATE: MAY 30, 2013 7 'r CITY COUNCIL HEARING DUNE 11, 2013 LOCATION: 1228 SOUTH 6TH STREET f r I LEGAL DESCRIPTION LOT 4, BLOCK 1, PARK WILD ADDITION, 40' X 100.5' APPLICANT: CHEFHATTAM, INC., DBA "CHEF HATTAM CATERING" REQUESTED LICENSE OR ACTION CHANGE OF LOCATION OF THEIR PRESENT PACKAGE AND CATERING LIQUOR LICENSE FROM 4963 CENTER STREET NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: CATERING COMPANY THIS REQUEST DOES() DOES NOT(X) PERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE Y,.fC PERMITS OBTAINED '"'i'. IF OUTSIDE: OUTSIDE AREA IS L''- , FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN O MAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) (Except Class D-1 Package Liquor License) ANNEXATION DATE: 5 ORDINANCE NO. (Only if within last 24 months) EXISTING ZONING: L', e ( XITING LAND USE: ADJAC D USE ZONING' 3, ' a"`t"`., (,,� NOR �" � li=''�'7. �r,- �: �� � ,^� ' ..U�ui,���`5�..., ( 3 ;° F` V SO 4-Dt ''`.:5i' '�.5. - -,l' v.' ''+. _ c ' t' ' l4. "'kje. - -t I l -°'d, E"tf�,e, {� •D f u, `Jei.'2:'- F`.__t .4A. gLJ'�;�,.J- F i•�!'1.— �^°�pcv f. 1-. ..._,•.. (^f ,.... "( i , i '� �. -'k.ld '"� ‘-�,.c.,: R. �.,,��%(_ t !/i� AFi '� \ ;i(G ac, B P PARKING STALLS PROVED* N , EXISTING USE DOES DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S `�_'t - -- MEN'S P'. .= ;q,.' ?____ ,_ :'. _t2::z'`\ _. '`.,>F�s AI ��,_ r4y�, fr. E E. ,�-- is DATE SUBJECT PROPERTY WAS POSTED: v ?,f? ' (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:Cat'. —,- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: :`'11 ----- (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH L " J SCHOOL C. ...�- H9SPITAL '--" -HOME FOR THE AGED,INDIGENT OR VETERANS L9 t --•- 'COLLEGE OR UNIVERSITY '''''—— • -,, 2.a I-2, (•authorized Signature) (Date) f No. 4 a2 ChefHattam, Inc., dba "Chef Hattam", 4963 Center Street, requests permission for a CHANGE OF LOCATION of their present Catering Liquor License to 1228 South 6th Street. Property posted: 05-29-13; Notification sent: 05-31-13. 06-11-13;cj RECEIVED Presented to Council: June 11, 2013 - pproved with the condition that the applicant agree to not have any off sale other than through the "K" license which means catering elsewhere until such time as an application is filed for a new license for on-site consumption and that said application be applied for within 30 days 7-0 Buster Brown City Clerk