RES 2012-1192 - Change of loc of Kum & Go #363 from 6606 Blondo St to 1819 N 72nd St RECEIVED
STATE OF NEBRASKA p,
12 RUG 1 :� ,�,1 9: 17
Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION
Governor CITY CLERK Hobert B. Rupe Executive Director
OMAHA. N K +, 301 Centennial Mall 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)
August 8, 2012
OMAHA CITY CLERK
1819 FARNAM STREET LC-1
OMAHA NE 68183
RE: KUM &GO 363 CHANGE OF LOCATION
The below referenced licensee has submitted a request for a change of location.
LICENSE #: D-040924
LICENSEE NAME: KUM &GO LLC
TRADE NAME: KUM &GO 363
CURRENT ADDRESS: 6606 BLONDO
PHONE: 402-616-5540
NEW ADDRESS: 1819 N 72ND STREET •
NEW DESCRIPTION: SINGLE STORY BLDG APPROX 110'X 43'
Please present this request to your board and send us the results of that action.
Sincerely,
NEB A LIQ - NTROL COMMISSION
Randy Se bent
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 HISTORY
LICENSE #D 40924
KUM &GO LC 6606 BLONDO ST 68104 554-0717
DBA KUM &GO#363
NLCC ORDERS
09-30-99- 2 DAYS SUSP RE: FAILURE TO FILE MGR APP W/IN REQUIRED TIME * 10-19-99-
2 DAYS SUSP TEMP LIFTED * 01-28-00- CHARGES DISMISSED * 06-20-03 -SHOW CAUSE
HRG 05-30-03 -10 DAYS SUSP RE: SELLING TO A MINOR 04-04-03 * 07-09-03 -PYMNT OF
FINE * 08-06-04 -2 DAYS MAND CLOSURE &ADDITIONAL 40 DAYS SUSP RE: SELLING TO
A MINOR 04-23-04 *08-27-04 -PYMNT OF FINE *
OTHER ACTIVITIES
04-04-03-TAVERN REPORT RE: SELLING TO A MINOR 4-4-03 *06-20-06-MGR APP (GUY
GARDINER) - 06-07-06 WITHDRAWN * 05-25-06-TAVERN REPORT RE: SELLING TO A
MINOR * 10-03-06-MGR APP (BECKY BOROSKO) CCID#1136 APPROVE *09-11-12 - REQ
CHANGE OF LOC TO 1819 NORTH 72ND STREET
LICENSED PREMISES
1 STY.BLDG APPROX 60'X 44'
•
OFFICERS:
MGR -BECKY BLAUFUSS, 2407 S RIVER DR, PAPILLION, NE 68046 (H) 616-5540 *
PRES/SECR-KYLE KRAUSE * TRES -CRAIG BERGSTROM (2012-2013 RENEWAL -OLD-
CFO) * CORP ADDRESS-6400 WESTOWN PKWY, WEST DES MOINES IA 50266 * * * * *
(2005-2006 RENEWAL -VP/TREAS-JOHN MULHOLLAND) * (2006-2007 RENWAL OLD -
STKHLDRS- KEVIN KRAUSE & KATHRYN PRANGE) * (OLD-2006-MGR- RONALD L KIGER
JR , 5113 NICHOLAS ST, 68132 (H) 556-6050 (W) 1-800-397-1000 X 5516) * (6-7-06 -
WITHYDRAWN -MGR -GUY GARDINER, 4256 COUNTRY RD, P 40, 68152 (H) 515-537-0998) *
(OLD-2009-2010-RENEWAL -CEO- WILLIAM KRAUSE * CFO -BRIAN THOMPSON *
SHRHLDRS- KRAUSE HOLDING, INC) * (2012-2013 RENEWAL -OLD-EXEC VP -DENNIS
FOLDEN *VP/SECR-JAMES BRANDT)
I!:P'6 tiFo m; i
APPLICATION FOR CHANGE OF
LOCATION TO LIQUOR LICENSE Office Use
NEBRASKA LIQUOR CONTROL COMMISSION
301 CENTENNIAL MALL SOUTH i; GQIZ
PO BOX 95046 ��U 0
LINCOLN,NE 68509.5044
fp`!ti
PHONE;(402)471-2571 1 �
FAX:(402)471.2814
Website: WWYijcc.ne.gov Co0ltl 1 f"1 0 L COMMISSION
Application needs to include the following:
• Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission
• Must include a copy of the lease,deed or purchase agreement showing ownership of new location
o Document must show ownership in name of licensee,If licensed as corporation or LLC must
show that name
• Must include simple sketch showing new building,must include outside dimensions in feet(not
square feet),direction north,if it's a one or two story building,if there is a basement. No blue
prints. S
• May include a letter of explanation
D-40924
LIQUOR LICENSE#
KUM&GO LLC
LICENSEE NAME
KUM &GO 363
TRADE NAME _
6606 BLONDO
CURRENTLY LICENSED ADDRESS
OMAHA
• CITY
BECKY BLAUFUSS
CONTACT PERSON
(402)618-5540
CONTACT PERSON PHONE NUMBER
•
Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county),
a new application will need to be filed.
Complete the following questions:
1819N72ST
1. What is the new address?
OMAHA DOUGLAS
2. City County
SEPTEMBER 2012
3. When do you expect on moving to new location?
•
II__
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`f � "m m - • '0,N(3 1200014690
.
3 �
t O TROL ONitiV tl'1,.
0
r `
DAILY RECORD: Charge to General Ordinance Order NO. 2447 H.
PACKAGE LIQUOR LICENSE
Please publish: September 3, 2012
Notice is hereby given Kum & Go, LC, dba"Kum& Go #363", 6606 Blondo Street, has
filed application for a Change of Location of their present license to sell beer, wine and liquor
for consumption Off the premises to be located at 1819 North 72" Street, legally described as
follows:
LOT 3, BLOCK 0, 72 BLONDO, IRREGULAR 85378 SQUARE FEET,
CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA
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, September 11, 2012, at 2:00
o'clock P.M., at which time the City Council shall receive evidence either orally or by affidavit
from any person bearing upon the propriety of the issuance of said license.
Buster Brown
City Clerk
etter of explanation
D-40924
LIQUOR LICENSE#
KUM&GO LLC
LICENSEE NAME
KUM &GO 363
TRADE NAME _
6606 BLONDO
CURRENTLY LICENSED ADDRESS
OMAHA
• CITY
BECKY BLAUFUSS
CONTACT PERSON
(402)618-5540
CONTACT PERSON PHONE NUMBER
•
Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county),
a new application will need to be filed.
Complete the following questions:
1819N72ST
1. What is the new address?
OMAHA DOUGLAS
2. City County
SEPTEMBER 2012
3. When do you expect on moving to new location?
•
II__
I.L. Fi .li.' '�
`f � "m m - • '0,N(3 1200014690
Page : 1 Document Name : untitled
'PARC 0244 0344 22
FB 45 STATUS 2 CLASS C
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 6600 SID F-
-PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 01819 N 072 ST OMA 68114
OWNER OR TAXPAYER INFORMATION
NAME KG STORE 363 LLC DATE OF LAST CHANGE 02-10-2012
+ 6400 WESTOWN PKWY BK/PG OR DOC# 2012 10255
ADDR HOMESTEAD DELETE
CITY WEST DES MOINES, ST IA ZIP 50266 NON NUMERIC ZIP CODE
CURRENT VALUE HOMESTEAD
YEAR - --DATE--- ---LAND-- - - -IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2011 02-07-2012 426400 0 426400 S/C
OVER 1 ACRE IND OVERRIDE AMOUNT
ADDITION NO. 35133 LOT 3 HALF BLOCK 0 HALF
72 BLONDO SECT TOWN RANGE PLAT 0554
LEGAL DESCRIPTION LEGAL DESCRIPTION
1 IRREG 85378 SQFT 2
3 4
5 6
7 8
PF1-ADFB PFS-PNFB PF6-PAFB
Date : 8/14/2012 Time : 10 : 59 :49 AM
RESS
OMAHA
• CITY
BECKY BLAUFUSS
CONTACT PERSON
(402)618-5540
CONTACT PERSON PHONE NUMBER
•
Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county),
a new application will need to be filed.
Complete the following questions:
1819N72ST
1. What is the new address?
OMAHA DOUGLAS
2. City County
SEPTEMBER 2012
3. When do you expect on moving to new location?
•
II__
I.L. Fi .li.' '�
`f � "m m - • '0,N(3 1200014690
Print Name of Signature
'4112
Signa ti--•e of Licensee or Officer 1
State oftNebraska
County of (1,/
The foray I stru ent was ackn_owledge before
me this •
Date
V7'L)2--e
No ary Public Signature
Aftle Seal Here
LORI A.MILLER
*T.Commission Number 733782
• • My COMMISaien Expinall
c"" .ril 5 2014
2
LEASE AGREEMENT
C ;tL
THIS LEASE is made and entered into on or as of the 24th day.91:4 u1I! ; Q12,.
between KG STORE 363,L.L.C.,an Iowa limited liability company,(here 1 t}ie s ` ?! 3i
and KUM & GO, L.C., an Iowa limited liability company (lie di
WITNESSETH:
WHEREAS,Tenant desires to Lease the premises described below from Landlord;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,and for other good and valuable consideration,Landlord and Tenant agree as follows:
ARTICLE I
INCORPORATION OF RECITALS AND DEFINITIONS
Section 1.01 Incorporation of Recitals. The Recitals set forth above are incorporated by
this reference.
Section 1.02 Definitions. All capitalized terms used and not otherwise defined in this
Lease shall have the following meanings unless a different meaning clearly appears from the context:
"Base Rent"means the rental obligation under this Lease as described in Section 3.01.
"Effective Date"means the commencement date of the term of this Lease,which is January
13,2012.
"Event(s)of Default"shall have the meaning ascribed to it in Article XIII.
"Extended Term"shall have the meaning ascribed to it in Section 2.04.
"Initial Term"shall have the meaning ascribed to it in Section 2.03.
"Landlord"means KG'Store 363,L.L.C.
"Lease"means this Lease Agreement, as the same may be from time-to-time modified,
amended or supplemented.
"Personalty" shall have the meaning ascribed to it in Section 2.02.
"Premises"means the real estate legally described as set forth in Section 2.01.
"Right of First Refusal"shall have the meaning ascribed to it in Section 4.01.
"Store"is synonymous with the term Premises.
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"Tenant"means Kum&Go,L.C.,an Iowa limited liability company.
"USTs"means underground storage tanks. ; 1
ARTICLE II
AND TERMf 1 �( 'R ,
LEASED PREMISES ti;r. �L» t ''; ' �
Section 2.01 Leased Premises. Landlord hereby demises and leases to Tenant,and Tenant
does hereby lease and take from Landlord,the"Premises"locally described as Kum& Go#363.
Section 2.02 Personalty. It is acknowledged by Landlord and Tenant that the property
being leased includes all property used or intended for use in connection with the operation of the
Store,including but not limited to:(i)all furniture,fixtures and equipment,including all appliances,
food service equipment,coolers,refrigeration equipment and compressors; (ii)all shelving,racks,
counters and signage;(iii)all tanks,lines,pumps and systems relating thereto;(iv)all canopies; and
(v)all supplies and materials held for use or consumption(the"Personalty").
Section 2.03 Term. The initial term of this Lease shall commence as of its Effective Date
and shall terminate at midnight on July 24,2021 (the"Initial Term").
Section 2.04 Renewal Option. Landlord hereby grants to Tenant the option to extend the
term of this Lease for two (2) additional five (5) year periods (hereinafter said options are
individually and collectively referred to as the"Extended Term")commencing when the prior term
expires upon each of the following terms and conditions:
A. Tenant gives Landlord written notice of the exercise of the option(s) not less than
ninety(90)days prior to the expiration of the Initial Term,or an Extended Term,as
the case may be;
B. Tenant, at the exercise of said option, is not in material default under this Lease
beyond any applicable grace periods;
C. All of the terms and conditions of this Lease shall apply to the Extended Term;and
D. Tenant shall pay the applicable Base Rent for the Extended Term.
Section 2.05 Permitted Use. The Premises may be used for any legal purpose or purposes,
including,but not limited to, a convenience store that sells liquor, gasoline,diesel fuel, and other
petroleum products.
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. i
ARTICLE III
BASE RENT
Section 3.01 Base Rent. During the Initial Term and any Ex enni'T iahY ti ay4
to Landlord the following as monthly"Base Rent,"to-wit:
Initial Term
Years Monthly Base Rent
1-10 $5,158.00
First Extended Term
Years Monthly Base Rent
11-15 $5,458.00
Second Extended Term
Years Monthly Base Rent
16-20 $5,858.00
ARTICLE IV
RIGHT OF FIRST REFUSAL
Section 4.01 Right of First Refusal. Landlord hereby grants to Tenant a right of first refusal
with respect to the acquisition of the Premises(the"Right of First Refusal"). Upon Landlord's
receipt of any such offer(or upon Landlord's desire to dispose of the Premises at a stated price),
Landlord shall deliver to Tenant a written offer of sale for the Premises designating(i) the exact
portion of or interest in the Premises to be sold;(ii)the name and address of the intended transferee
if any; (iii) the total price to be paid for the Premises; and (iv) the manner, mode, and terms of
purchase. Upon receipt of said offer,the Tenant shall within twenty (20)days notify Landlord in
writing whether it desires to acquire the Premises in accordance with the terms set forth in the notice.
If Tenant declines said offer or fails to timely exercise its rights with respect to said offer, then
Tenant shall be deemed to have completely rejected said offer and the Premises may be sold by
Landlord to any third party on the same terms for a total price equal to or greater than, but in no
event less than,the total price set forth in the initial notice to Tenant at any time within a period of
six (6) months after the expiration of the aforementioned twenty (20) day option period. It is
acknowledged by Landlord,however,that any such sale or transfer by Landlord of its interest in the
Premises shall be subject to this Lease, unless Tenant is the purchaser. Notwithstanding the
foregoing,the terms and provisions of this Section shall not apply to any transfer by Landlord to
another entity owned or controlled by the principals of Landlord or Landlord's immediate family
members,or transfers between the partners.
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ARTICLE V
ADDITIONAL RENT:TAXES,UTILITIES AND INS[ W.` r- ' MK ZOue'i
Section 5.01 Real Estate Taxes. Tenant shall be responsible for and pay all real estate or
personal property taxes levied or assessed against the Premises which would become delinquent if
not paid during the term of this Lease; provided, however, that the foregoing shall not preclude
Tenant from seeking administrative or judicial review of or relief from the amount,applicability,or
constitutionality of any tax or tax statute relating to the taxation of the Premises.
Section 5.02 Special Assessments. Tenant shall be responsible for and pay any special
assessments levied or assessed against the Premises which would become delinquent if not paid
during the term of this Lease;provided,however,that Tenant shall not be precluded from seeking
administrative or judicial review of the amount, applicability or constitutionality of any special
assessment relating to the Premises.
Section 5.03 Utilities. Tenant,during the term of this Lease,shall pay,before delinquency,
all charges for use of telephone,water,sewer,gas,heat,electricity,power,air conditioning,garbage
disposal, and all other utilities and services of whatever kind and nature which may be used in or
upon the Premises.
Section 5.04 Insurance. Tenant shall procure, pay for, and maintain the insurance
coverages described in this Lease.
ARTICLE VI
REPAIRS,IMPROVEMENTS AND FIXTURES
Section 6.01 Repairs and Improvements. Except as otherwise provided in this Lease,
Landlord shall not be required to make any repairs,replacements, or improvements of any kind on
or to the Premises. Tenant,at its cost,may(but without any obligation to do so)make such repairs,
alterations and improvements to the Premises as Tenant may deem desirable for its use thereof
provided that in each instance the market value thereof is not diminished,including,but not limited
to,doing any one or more of the following:
A. Altering or remodeling any building or improvements on the Premises;
B. Constructing an addition or additions thereto;and
C. Razing any building or improvement situated on the Premises and erecting in
place thereof a new building or improvement.
Tenant agrees that it will not permit any mechanic's,materialmen's or other liens to stand against the
Premises for work or materials furnished to Tenant in connection with any such alterations,
remodeling,additions or new construction;provided,however,that Tenant may contest the validity
of such lien or claim,but upon final determination,Tenant shall immediately pay any judgment or
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decree rendered against Tenant,with all proper costs and charges and shall cause any such lien to be
released of record without cost to Landlord.
Section 6.02 Installation and Removal of Fixtures.Paintings and Signs. Tenant may place
or install on,in or about the Premises such fixtures and equipment as it shall deem desirable for the
conduct of business. Tenant may paint the building improvements such colors as it may elect.
Tenant shall have the exclusive right to paint and erect signs in and over the Premises. Personal
property,fixtures and equipment used in the conduct of Tenant's business(as distinguished from
fixtures and equipment used in connection with the operation and maintenance of the building
improvements)placed on the Premises by Tenant or any predecessor of Tenant shall not become part
of the realty even if nailed down or screwed or otherwise fastened to the Premises,and Tenant may
remove any of said items at any time. Any damage caused by the removal of such property shall be
repaired by Tenant at its expense.
Section 6.03 Condition. Upon the expiration of the lease term or such earlier termination of
this Lease, Tenant shall leave the Premises in good condition, ordinary wear and tear excepted.
Tenant shall not be required to restore the Premises to the condition it was in at the commencement
of the Lease and Landlord agrees to accept the Premises"AS IS"with such alterations,remodeling,
additions, or new construction (if any)as may have been made by Tenant in accordance with the
authorization contained in this Article. Tenant shall not be required to repair or replace any items of
Personalty.
ARTICLE VII
INSURANCE
Section 7.01 Property Insurance. From and after the Effective Date, Tenant agrees to
procure and maintain with respect to the Premises standard property insurance covering losses
included in the Insurance Services Broad Form Causes of Losses in an amount equal to one hundred
percent (100%) of the insurable replacement value thereof(exclusive of the cost of excavations,
footings below ground and foundations)and shall cause the Landlord to be named as an additional
insured,with any such proceeds payable as respective interests may appear.
Section 7.02 Liability Insurance. From and after the Effective Date,Tenant shall cause to
be procured comprehensive general liability insurance with respect to the Premises in an amount not
less than$2,000,000 per occurrence naming the Landlord as an additional insured.
Section 7.03 Blanket Insurance. Tenant shall have the right to insure and maintain the
insurance coverages required by this Lease under blanket insurance coverages covering other
Premises so long as such blanket insurance policies specify a stated value for the Premises,comply
with the amounts of insurance and the requirements provided hereunder.
Section 7.04 Policy Terms. All policies of insurance procured by Tenant shall contain
endorsements providing as follows:
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A. Such insurance may not be materially changed,amended or canceled with respect
to Landlord except after twenty(20)days prior written notice from the insurance
company to Landlord,sent by certified mail.
B. Tenant shall be solely responsible for the payment of all premiums under said
policies and that Landlord or other parties required to be designated as named
insureds or loss payees shall have no obligation for the payment thereof notwith-
standing that such parties are named in said policies.
C. Duly executed Certificates of Insurance, together with reasonably satisfactory
evidence of payment of the premium thereof,shall be delivered to the Landlord
with all renewals of such policies.
Section 7.05 Waiver of Subrogation.Notwithstanding anything contained in this Lease to
the contrary,each of Landlord and Tenant hereby waives all rights of recovery,claims, actions,or
causes of action against the other for any loss or damage that may occur to the Premises, any
improvements thereto,any personal property of Landlord or Tenant or any personal injury arising for
any cause that(i)would be insured against under the terms of any insurance required to be carried
hereunder;or(ii)is insured against under the terms of any insurance actually carried,regardless of
whether it is required hereunder. The foregoing waiver shall apply regardless of the cause or origin
of the claim,including but not limited to the negligence of a party or its agents,officers,employees
or contractors. The foregoing waiver shall not apply to the extent that it invalidates any insurance
coverage of Landlord or Tenant. Each party shall obtain any special endorsements required by its
insurer to evidence compliance with this waiver.
ARTICLE VIII
BASIC INDEMNIFICATION AND ENVIRONMENTAL INDEMNIFICATION
Section 8.01 Definitions. As used in this Lease, the following terms shall have the
following meanings:
"Damages" means any loss,cost,liability,claim,damage,fine,penalty,judgment,award,
settlement,expense(including the cost of investigation and defense and reasonable attorneys'fees
and expenses), whether or not involving a third party claim.
"Environmental Law" means any Legal Requirement that requires or relates to(i)cleaning
up pollutants or hazardous substances that have been released, preventing the threat of release or
paying the costs of such cleanup,containment,remediation or prevention; (ii)making responsible
parties pay private parties for bodily injury (including, but not limited to illness, disability, and
death), personal injury, property damage (including trespass, nuisance, wrongful eviction,
deprivation of use of real property or diminution in value thereof) resulting from the release of
pollutants or hazardous substances or materials;(iii)making responsible parties pay private parties,
or groups of them,for damages done to their health or the environment or permitting self-appointed
representatives of the public interest to recover for injuries done to public assets resulting from the
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"_);tom i( �,�'b�'•zi L
ix .
release of pollutants or hazardous substances or materials; (iv) advisir tt: Bice;
employees or the public of intended or actual releases of pollutant N
materials,violations of discharge limits of other prohibitions and the'etmnienc of activities,
such as resource extraction or construction; (v) preventing or reducing to acceptable levels the
release of pollutants or hazardous substances or materials into the environment, (vi)reducing the
quantities, preventing the release or minimizing the hazardous characteristics of wastes that are
generated;(vii)protecting resources,and(viii)reducing to acceptable levels the risks inherent in the
transportations of hazardous substances, pollutants, petroleum, oil or other potentially harmful
substances. Without limiting the generality of the foregoing,the term`Environmental Law"shall
include the: Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.
Section 9601,et seq.;Resource Conservation and Recovery Act,42 U.S.C. Section 6901,et seq.;
Federal Water Pollution Control Act, 33 U.S.C. Section 1251, et seq.; Clean Air Act, 42 U.S.C.
Section 7401,et seq.;Toxic Substances Control Act,15 U.S.C.Section 2601,et seq.;Safe Drinking
Water Act,42 U.S.C.Section 300;the Federal Insecticide,Fungicide and Rodenticide Act,7 U.S.C.
Section 136,et seq.;the Hazardous Materials Transportation Act,49 U.S.C. 1801,et seq.
"Environmental Liability(ies)" means any Damages, obligations or other responsibilities
arising under any Environmental Law.
"Landlord Indemnified Persons" means Landlord and its directors, officers, agents,
employees, insurers,shareholders,managers,members and affiliates.
"Legal Requirement" means any federal,state,local,or municipal constitution,law,statute,
ordinance,principle of common law,code,or regulation.
"Tenant Indemnified Persons"means Tenant and its directors,officers,agents,employees,
insurers,shareholders,managers,members and affiliates.
Section 8.02 Basic Indemnification: Landlord to Tenant. Except for Environmental
Liabilities (which are covered below), Landlord shall protect, indemnify and hold harmless the
Tenant Indemnified Persons from and against:(i)any and all Damages and obligations of every kind
and description,contingent or otherwise,arising from or related to the operation of the Store prior to
the Closing Date;and(ii)any and all Damages resulting from any misrepresentations,breach of any
representation, warranty or covenant, or nonfulfillment of any agreement on the part of Landlord
under this Lease, or from any misrepresentation of or omission from any certificate or other
instrument furnished by Landlord to Tenant pursuant to this Lease, or in connection with any
transactions contemplated hereby.
Section 8.03 Basic Indemnification: Tenant to Landlord. Except for Environmental
Liabilities(which are covered below),and except as otherwise provided in this Lease,Tenant shall
protect,indemnify and hold harmless the Landlord Indemnified Persons from and against:(i)any and
all Damages and obligations of every kind and description,contingent or otherwise,arising from or
related to the operation and management of the Store on,or subsequent to,the Closing Date through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
furnished by Tenant to Landlord pursuant to this Lease,or in connection with any of the transactions
contemplated hereby.
Section 8.04 Environmental Matters: Indemnification by Landlord. With respect to
Environmental Liabilities, Landlord shall protect, indemnify and hold harmless the Tenant
Indemnified Persons,and shall reimburse the Tenant Indemnified Persons,for any Damages arising
from or in connection with any Environmental Liabilities based upon conditions existing at the Store
at any time prior to the Closing Date.
Section 8.05 Environmental Matters: Indemnification by Tenant. With respect to
Environmental Liabilities, Tenant shall protect, indemnify and hold harmless the Landlord
Indemnified Persons, and shall reimburse the Landlord Indemnified Persons, for any Damages
arising from or in connection with any Environmental Liabilities based upon conditions first existing
at the Store resulting from a new occurrence on,or subsequent to,the Closing Date.
Section 8.06 Rent Abatement. If remediation is required at the Store due to an
Environmental Liability based upon conditions existing at the Store at any time prior to the Closing
Date,then,in such event,Base Rent,and other additional rent,shall be proportionately abated while
remediation occurs based on the extent of interference with Tenant's use of the Premises. In the
event,however, that said remediation materially interferes with Tenant's use of the Premises and
said material interference continues(or is expected to continue)more than ninety(90)days,Tenant
may,by written notice to Landlord,terminate this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
Section 9.01 Assignment and Subletting. Tenant may assign this Lease or sublet the whole
or any part of the Premises without the written consent of the Landlord;provided,however,that any
such assignment or sublease shall not release Tenant from the obligations of the Tenant under this
Lease unless and then only to the extent the Landlord so consents in writing.
ARTICLE X
CASUALTY AND CONDEMNATION
Section 10.01 Destruction. If the Premises shall be damaged or destroyed by fire or other
casualty required to be insured under insurance policies,then,upon receipt of the insurance proceeds,
Tenant shall promptly repair or restore the Premises to substantially the condition thereof
immediately prior to such damage or destruction. In the event of such a loss,this Lease shall remain
in full force,but for each day that the Tenant is not able to operate its business on the Premises,a day
shall be added to the end of the term wherein no Base Rent shall be due from Tenant to Landlord.
Notwithstanding the foregoing,if any such damage is not reasonably repairable within one-hundred
twenty(120)days,Tenant may elect to assign or pay over to Landlord all insurance proceeds payable
as a result of said loss and terminate this Lease.
-8-
therwise provided in this Lease,Tenant shall
protect,indemnify and hold harmless the Landlord Indemnified Persons from and against:(i)any and
all Damages and obligations of every kind and description,contingent or otherwise,arising from or
related to the operation and management of the Store on,or subsequent to,the Closing Date through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
Section 10.02 Condemnation. Should the whole or any part of the Premises be condemned
or taken by a competent authority for any public or quasi-public use or purpose,each party shall be
entitled to retain,as its own property,any award payable to it;provided,however,that in the event a
single award is made on account of the condemnation,each party will then be entitled to take such
portion of said award as may be fair and reasonable. In the event that any such taking materially
interferes with the normal operation of Tenant's business,Tenant shall have the right to terminate
this Lease at its option.
ARTICLE XI
SUBORDINATION AND ATTORNMENT
Section 11.01 Attornment. In the event of the sale or assignment of Landlord's interest in
the Premises or in the event of exercise of the power of sale under any mortgage made by Landlord
covering the Premises,Tenant shall attorn to the purchaser and recognize such purchaser as Landlord
under this Lease, provided said purchaser agrees to perform and be responsible for all of the
obligations imposed upon Landlord in this Lease.
Section 11.02 Subordination. This Lease and Tenant's interest hereunder shall be subject
and subordinate at all times to any mortgage or other security instrument, including all renewals,
extensions, consolidations, assignments and refinances of the same, as well as all advances made
upon the security thereof, which now or hereafter become liens upon the Landlord's fee and/or
leasehold interest in the Premises; provided, however, that in each such case, the holder of said
mortgage or other security instrument shall agree that this Lease shall not be divested or in any way
affected by foreclosure or other default proceedings under said mortgage or other security
instrument,so long as Tenant shall not be in default under the terms of this Lease.
ARTICLE XII
LANDLORD'S COVENANTS,PEACEFUL ENJOYMENT AND WAIVER
Section 12.01 Landlord's Covenants. Landlord covenants that it has good and marketable
title to the Premises in fee simple absolute and that the Premises is not subject to any leases,
tenancies,agreements, encumbrances, liens,restrictions, or defects in title adversely affecting the
Premises or the rights granted Tenant in this Lease. There are no restrictive covenants, zoning or
other ordinances or regulations applicable to the Premises which would prevent Tenant from
conducting its usual business. Landlord covenants that Tenant shall at all times have ingress and
egress to and from the Premises to a public street or highway.
Section 12.02 Peaceful Enjoyment. Landlord covenants that upon Tenant paying the rent
herein reserved and performing all agreements to be performed as provided in this Lease,Tenant
shall peaceably have,hold and enjoy the Premises for the term of this Lease free from interference,
eviction,or disturbance by the Landlord or any other persons or legal entity whatsoever.
-9-
-8-
therwise provided in this Lease,Tenant shall
protect,indemnify and hold harmless the Landlord Indemnified Persons from and against:(i)any and
all Damages and obligations of every kind and description,contingent or otherwise,arising from or
related to the operation and management of the Store on,or subsequent to,the Closing Date through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
Section 12.03 Landlord Lien Waiver. Landlord hereby waives any ' to a
statutory or contractual landlord's lien against Tenant's property and disclaim§ t o a security
interest under the Uniform Commercial Code in Tenant's property. ,,. .)
ARTICLE XIII `.'
EVENTS OF DEFAULT AND REMEDIES'03i' 0`. '() n":i1► 6.9'e"v
Section 13.01 Events of Default by Tenant. From the Effective Date of this Lease through
and including its termination,the following shall constitute"Events of Default"by Tenant,to-wit:
A. Failure by Tenant to make any payment of Base Rent or any other monetary
payment required to be made by Tenant hereunder,whether to Landlord or to a
third party,as and when due.
B. Failure by Tenant to provide Landlord with reasonable evidence of insurance
required under this Lease.
C. Any other material breach by Tenant of the terms, covenants, conditions, or
provisions of this Lease.
Section 13.02 Landlord's Remedies on Default. Whenever any Event of Default by Tenant
occurs and is continuing,Landlord,as specified below,may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Landlord to Tenant,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty(30)days and Tenant does not provide assurances reasonably satisfactory to Landlord
that the Event of Default will be cured as soon as reasonably possible:
A. Landlord may(but without any obligation to do so)cure such default and such
expense shall be paid by Tenant to Landlord within ten (10) days after a
statement therefor is rendered.
B. Landlord shall have the right to(i)terminate this Lease upon the expiration of
fifteen(15) days after written notice of such intent is given to Tenant,in which
event the terms hereof shall expire and terminate with the same force and effect
as though the date set forth in said notice were the dates originally set forth herein
and fixed for the expiration of the term,(ii)re-enter the Premises either by force
or otherwise and dispossess Tenant and/or other occupants of the Premises,
Tenant agreeing that no such re-entry or taking possession of the Premises by
Landlord shall be construed as an election on Landlord's part to terminate this
Lease, such right, however, being continuously reserved by Landlord or (iii)
perform any obligation of Tenant under this Lease and charge the costs of such
performance to Tenant and Tenant shall pay such costs to Landlord within ten
(10)days after receipt of an invoice therefor.
-10-
is Lease,Tenant
shall peaceably have,hold and enjoy the Premises for the term of this Lease free from interference,
eviction,or disturbance by the Landlord or any other persons or legal entity whatsoever.
-9-
-8-
therwise provided in this Lease,Tenant shall
protect,indemnify and hold harmless the Landlord Indemnified Persons from and against:(i)any and
all Damages and obligations of every kind and description,contingent or otherwise,arising from or
related to the operation and management of the Store on,or subsequent to,the Closing Date through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
C. In the event Landlord elects to re-enter the Premises whether or not the Lease is
terminated, Landlord may,but shall not be obligated to, make such alterations
and repairs as may be necessary in order to relet the Premises, and relet said
Premises or any part thereof for such term or terms(which may extend beyond
the term of this Lease) and at such rental and upon such other terms and
conditions as Landlord in its discretion may deem advisable. Upon each such
reletting all rentals and other sums received by Landlord from such reletting shall
be applied, first, to the payment of any indebtedness other than Base Rent due
hereunder from Tenant to Landlord; second, to the payment of any costs and
expenses of such reletting, including reasonable brokerage fees and attorneys'
fees and of costs of such alterations and repairs; third,to the payment of Base
Rent and other charges due and unpaid hereunder;and the residue,if any,shall be
held by Landlord and applied in payment of future Base Rent and other charges
as the same may become due and payable hereunder.
D. Should Landlord at any time terminate this Lease for any Event of Default, in
addition to any other remedies it may have, it may recover from Tenant all
damages it may incur by reason of such default,including the costs of recovering
the Premises, reasonable attorneys'fees, and including the worth at the time of
such termination of the excess,if any,of the amount of Base Rent reserved in this
Lease for the remainder of the stated term over the then reasonable rental value of
the Premises for the remainder of the stated term discounted to present value at
the rate of five percent (5%) per annum, all of which amounts shall be
immediately due and payable from Tenant to Landlord.
E. Landlord acknowledges that it has a duty to mitigate its damages.
Section 13.03 Events of Default by Landlord. From the Effective Date of this Lease through
and including the expiration of its term,the following shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
B. Tenant may terminate this Lease.
C. Tenant may utilize any and all other remedies or actions at law or in equity
available to it.
ARTICLE XIV
MISCELLANEOUS
Section 14.01 Holding Over. If Tenant holds over or remains in possession of the Premises
after the expiration of the lease term,such holding over or continued possession shall,if rent is paid
by Tenant and accepted by Landlord, be considered a month-to-month tenancy which may at any
time be terminated by either party by giving the other party thirty(30)days'advance written notice.
Section 14.02 Notices. Any notice,demand or other communication required or permitted
by this instrument shall be given in writing and shall be deemed to have been given and received in
all respects when personally delivered, when sent via prepaid overnight courier, when sent by
facsimile transmission with confirmation of completion of the transmission, or three(3)days after
deposited in the United States mail,certified mail,postage prepaid,return receipt requested,in each
case addressed to the respective parties at their addresses(or facsimile numbers) set forth below;
provided,however,that notice of change in address shall be effective only upon receipt of written
notice thereof:
IF TO LANDLORD: KG Store 363,L.L.C.
6400 Westown Parkway
West Des Moines,IA 50266
TEL: (515)457-6222
FAX: (515)457-6179
IF TO TENANT: Kyle J.Krause, Manager
Kum&Go,L.C.
6400 Westown Parkway
West Des Moines,IA 50266
TEL: (515)457-6219
FAX: (515)457-6179
With copy to: Charles W. Campbell, General Counsel
Kum&Go,L.C.
6400 Westown Parkway
West Des Moines,IA 50266
TEL: (515)457-6130
FAX: (515)457-6179
-12-
immediately due and payable from Tenant to Landlord.
E. Landlord acknowledges that it has a duty to mitigate its damages.
Section 13.03 Events of Default by Landlord. From the Effective Date of this Lease through
and including the expiration of its term,the following shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
Section 14.03 Memorandum of Lease. The parties agree to execu -6tl record a
Memorandum of Lease to serve as notice to the public of the existence dif4etWittgiAgliftg
Lease,and the rights and interest held by Landlord and Tenant by virtue ) y
costs of recording.
Section 14.04 Counterparts. This Lease may be executed in any number of counterparts,
each of which shall constitute one and the same instrument. -
Section 14.05 Titles and Captions. All captions and headings contained in this Lease are for
convenience only and shall not be used in the interpretation or construction of this Lease.
Section 14.06 Entire Agreement. This Lease,including all exhibits and schedules(if any)
attached hereto,constitutes the entire agreement between the parties and supersedes any and all prior
agreements between them relating to the subject matter hereof,and may not be amended except in
writing signed by the party to be bound.
• Section 14.07 Governing Law. This Lease shall be governed and construed in accordance
with the laws and public policies of the State of Iowa.
Section 14.08 Binding. This Lease shall be binding upon, and inure to the benefit of,the
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF,the parties hereto have caused this Lease to be executed all on or
as of the day and year first above written.
KG STORE 363,L.L.C.,an Iowa limited liability KUM & GO, L.C., an Iowa limited liability
company company
B (IdDi9 By:a '• U(4 J ii)
Name: V1J, /c (I Name: li4 ` Ut/.
Title:t r oiCa se Title: (-'e of ajotc �
Landlord Tenant
-13-
ral Counsel
Kum&Go,L.C.
6400 Westown Parkway
West Des Moines,IA 50266
TEL: (515)457-6130
FAX: (515)457-6179
-12-
immediately due and payable from Tenant to Landlord.
E. Landlord acknowledges that it has a duty to mitigate its damages.
Section 13.03 Events of Default by Landlord. From the Effective Date of this Lease through
and including the expiration of its term,the following shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
"1,2,
i'Z.
E L L EY 7134 Pacific St. • Omaha,NE 68106 LINCOLN OFFICE
�Jl (402)397-1898 • Fax(402)397.1293 625 South 14th St.,7Suite5 2e
JE RRA M Lincoln.NE -4052
■�1 T 1-800.472-4529 (402)474 23U3•Fat(402) 68'308
.t1• L•L eO. www.kelloyandjerram.com
MISSOURI OFFICE
656 Bayberry Lane,Suite 105
Attorneys At Law Lee's Summit,MO 64064
(8161472.4529
MICHAEL A. KELLEY (NE)
CHRISTOPHER D. JERRAM (NE, MO.ET KS)
SEAN P. KELLEY(NE)
TOM KELLEY(1919-1989)
July 30, 2012
Nebraska Liquor Control Commission
P.O. Box 95046
Lincoln, Nebraska 68509
Re: Liquor License Application
Dear Commission Staff:
Enclosed please find an application for change of location for Kum & Go #363. Thank
you for your assistance with this. Please let me know if you have any questions or concerns.
Sincerely,
7.
Meegan Griggs • j
/msg •
Encl.
on 14.08 Binding. This Lease shall be binding upon, and inure to the benefit of,the
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF,the parties hereto have caused this Lease to be executed all on or
as of the day and year first above written.
KG STORE 363,L.L.C.,an Iowa limited liability KUM & GO, L.C., an Iowa limited liability
company company
B (IdDi9 By:a '• U(4 J ii)
Name: V1J, /c (I Name: li4 ` Ut/.
Title:t r oiCa se Title: (-'e of ajotc �
Landlord Tenant
-13-
ral Counsel
Kum&Go,L.C.
6400 Westown Parkway
West Des Moines,IA 50266
TEL: (515)457-6130
FAX: (515)457-6179
-12-
immediately due and payable from Tenant to Landlord.
E. Landlord acknowledges that it has a duty to mitigate its damages.
Section 13.03 Events of Default by Landlord. From the Effective Date of this Lease through
and including the expiration of its term,the following shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
PLANNING DEPARTMENT REPORT
DATE: AUGUST 15,2012 DUE DATE: SEPTEMBER 30,2012
CITY COUNCIL HEARING SEPTEMBER 11,2012
LOCATION: 1819 NORTH 72ND STREET
LEGAL DESCRIPTION LOT 3,BLOCK 0, 72 BLONDO,IRREGULAR 85378 SQUARE FEET
APPLICANT: KUM & GO,LC,DBA"KUM & GO #363"
REQUESTED LICENSE OR ACTION CHANGE OF LOCATION OF THEIR PRESENT
PACKAGE LIQUOR LICENSE FROM 6606 BLONDO STREET
NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: CONVENIENT STORE
THIS REQUEST DOES() DOES NOT( X) PERTAIN TO AN OUTSIDE AREA
IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED
IF OUTSIDE: OUTSIDE AREA IS 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) (Except Class D-1 Package Liquor License)
********************************************************************************************************
ANNEXATION DATE: ORDINANCE NO. (Only if within last 24 months) �j—�--
EXISTING ZONING- AC! EXITING LAND USE: G,4 5 /Co N V 6lJl WCC 6 2
NORTH:ADJACENT LAND USE AND ZONING: VAJT Ai V Ro P 6-R T y l+ C A C i . �J
SOUTH: PCSS(`()E IVrn f4 J 1 t! 3 S )
EAST: ��Tpp AKK gss t (3 5
WEST: 5 A 11 l�l
PARKING STALLS PROVIDED: 2 ` ST I L L S
EXISTING USE DOES(f-" DOES NOT( )COMPLY WITH ZZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S 3 S a L-S
MEN'S 2 SrDoL.5 t t7R (IUAL
DATE SUBJECT PROPERTY WAS POSTED: 0 • 23 ) y
/ ' . 0.94
C4)/1 {y net✓
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: �/� n
j& Co !
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: tom— 704'5
(State Law) DISTANCE OF JOPOSED LICENSEIWNY CHURCH l�
SCHOOL HOSPITAL HOME FOR THE AGtAIGENT
OR VETERANS COLLEGE OR UNIVViERSITY
(Authorized Signature) J (Date)
g shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
„Ls
City of Omaha Nebraska eire4”I1'
p
4.1
1819 Farnam— Suite LC 1 d
Omaha, Nebraska 68183-0112 O ;� "• .
Buster Brown (402) 444-5550o
,
City Clerk FAX (402) 444-5263 if, gRve4i`
August 28, 2012 •
Kum & Go, LC Application for a Change of Location of
Dba"Kum & Go #363" your present Package Liquor License to
6606 Blondo Street 1819 North 72°d Street
Omaha,NE 68104
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 September 11, 2012 . 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.
Sincerely yours,
Buster Brown
City Clerk
BJB:clj
ES(f-" DOES NOT( )COMPLY WITH ZZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S 3 S a L-S
MEN'S 2 SrDoL.5 t t7R (IUAL
DATE SUBJECT PROPERTY WAS POSTED: 0 • 23 ) y
/ ' . 0.94
C4)/1 {y net✓
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: �/� n
j& Co !
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: tom— 704'5
(State Law) DISTANCE OF JOPOSED LICENSEIWNY CHURCH l�
SCHOOL HOSPITAL HOME FOR THE AGtAIGENT
OR VETERANS COLLEGE OR UNIVViERSITY
(Authorized Signature) J (Date)
g shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
0
City .J Omaha Nebraska A ' ,dr
1819 Farnam—Suite LC 1
Omaha, Nebraska 68183-0112 0' .1-1„ - "'. ..4
Buster Brown (402) 444-5550
City Clerk FAX (402) 444-5263 '41gD Ee 0ut►I-
August 28, 2012
Kum & Go, LC Application for a Change of Location of
Dba"Kum & Go#363" your present Package Liquor License from
1819 North 72dn Street 6606 Blondo Street
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 September 11, 2012 . 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.
Sincerely yours,
*ex
uster Brown
City Clerk
BJB:clj
Buster Brown
City Clerk
BJB:clj
ES(f-" DOES NOT( )COMPLY WITH ZZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S 3 S a L-S
MEN'S 2 SrDoL.5 t t7R (IUAL
DATE SUBJECT PROPERTY WAS POSTED: 0 • 23 ) y
/ ' . 0.94
C4)/1 {y net✓
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: �/� n
j& Co !
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: tom— 704'5
(State Law) DISTANCE OF JOPOSED LICENSEIWNY CHURCH l�
SCHOOL HOSPITAL HOME FOR THE AGtAIGENT
OR VETERANS COLLEGE OR UNIVViERSITY
(Authorized Signature) J (Date)
g shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
City o • main ferns
1819 Farnam— Suite LC 1 2 r1 �
tir co"
Omaha, Nebraska 68183-0112 oxi. '* *
Buster Brown (402) 444-5550
City Clerk FAX (402) 444-5263 oi*?'�Eo FEB�vt4`-
August 28, 2012
Kum & GO, LC Application for a Change of Location of
6400 Westown Pkwy your present Package Liquor License for
West Des Moines, IA 50266 "Kum & Go #363", from 6606 Blondo Str.
to 1819 North 72nd Street, Omaha,NE
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 September 11, 2012 . 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,
uster Sro '�_�
City Clerk
BJB:clj
STANCE OF JOPOSED LICENSEIWNY CHURCH l�
SCHOOL HOSPITAL HOME FOR THE AGtAIGENT
OR VETERANS COLLEGE OR UNIVViERSITY
(Authorized Signature) J (Date)
g shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
City of Omaha, Webras&a
ffinwa,-„,k"%s2,`.`J
,„
1819 Farnam Suite LC 1 flirAr � �
Omaha, Nebraska 68183-0112 0� �"'�_
Buster Brown (402) 444-5550 0 A�'
City Clerk FAX (402) 444-5263 47:Q0 F�B��Pi
August 28, 2012
Mike Kelley, Attorney Application for a Change of Location of
Kelley & Jerram the present Package Liquor License for
7134 Pacific Street Kum & Go, LC, dba "Kum& Go #363",
Omaha, NE 68104 from 6606 Blondo Street to 1819 North 72nd
Street
Dear Liquor License Applicant's Attorney:
This letter is notification that a hearing before the Omaha City Council on your
application for liquor license has been set for September 11, 2012 . 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,
tor
A
s uster rown
City Clerk
BJB:clj
ITY
(Authorized Signature) J (Date)
g shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
./(}C1/7
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
KUM & GO, LC
DBA "KUM & GO #363"
6606 BLONDO STREET
has applied for a
CHANGE OF LOCATION OF THEIR PRESENT PACKAGE
LIQUOR LICENSE [Off Sale beer,wine and liquor in the original package]
to be located at 1819 NORTH 72ND STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, SEPTEMBER 11, 2012 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
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48
HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL
REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY BUSTER BROWN, CITY
CLERK,444-5557,IF ARRANGEMENTS NEED TO BE MADE.
ke 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,
tor
A
s uster rown
City Clerk
BJB:clj
ITY
(Authorized Signature) J (Date)
g shall constitute "Events of Default"by the
Landlord,to-wit:
A. A breach of its covenant of peaceful enjoyment set forth in this Lease.
B. Failure by Landlord to substantially observe or perform any covenant,condition,
obligation or agreement on its part to be observed or performed under this Lease.
Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
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"NOTICE TO PUBLIC" THE DAILY RECORD
Notice is hereby given that Kum &Go,
LC,trt,dba Kum Go #363", 6606ChBlondo OF OMAIHA
Street,has filed application for a Change of
Location of their present license to sell beer,
wine and liquor for consumption Off the LYNDA K. HENNINGSEN, Publisher
• premises to be located at 1819 North 72nd
Street,legally descried as follows. PROOF OF PUBLICATION
Lot 3,Block 0,72 Blondo,irregular 85378
square feet, City of Omaha, Douglas
County,Nebraska. UNITED STATES OF AMERICA
That in accordance with provisions of Sec-
tion 53-1311,Nebraska Liquor Control Act,as The State of Nebraska,
amended, hearing upon said application will SS.
be held in the Legislative Chamber, Om- District of Nebraska,
aha/Douglas Civic Center, 1819 Farnam County of Douglas,
Street, Omaha, Nebraska, on Tuesday,
September 11,2012,at 2:00 o'clock P.M., City of Omaha,
at which time the City Council shall receive
evidence under oath either orally or by affi-
davit from any person desiring to give
evidence in support of or protest against
issuance of the Catering Permit. being duly sworn,deposes and says that she is
BUSTER BROWN,
City Clerk LEGAL EDITOR
9-3-12
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
September 3, 2012
That said News a er during that time was r:_• r - • ► s ed and
in general,' M• a+ xi ee County of Douglas • aline of Nebraska.
��.'•.. AL I
��FR
C 26.''•d Subscribed in my pr• ce and sworn to b 'ore
SS y •
,
Publi eTr 4 Fee p,$R\ • e this 3rd a ay of
\r=
op •V,'v.\RE' + September , i 12
Addit nal V �;$ ;
#A 26r:.60: •
Toga] ,,,, ,c, OO /
S'*TE of ' Notary Public in..1, d`,a r r;• gl/County,
Sta 'eb ask.
Y
any Event of Default by Landlord
occurs and is continuing, Tenant, as described below, may take any one or more of the following
actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event
of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured
within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to
Tenant that the Event of Default will be cured as soon as reasonably possible:
A. Tenant may (but without any obligation to do so) cure such default and such
expense shall be paid by Landlord to Tenant within ten (10) days after a
statement therefor is rendered.
-11-
through
the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of
representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under
this Lease, or from any misrepresentation of or omission from any certificate or other instrument
-7-
RECEIVED
September 3, 2012
Mr. Buster Brown
12 SEP --5 A 8: 46
City Clerk
1819 Farnam Street CITY CLERK
Omaha, Nebraska 68183 OMAHA. NEBRASK n
Dear Mr. Buster Brown,
I am writing as a concerned citizen who is against the new Kum &Go application for a liquor
license. This new business is located 1819 N 72nd Street and I reside on 70th and Decatur
Street. I have lived on this block for 28 years and feel that allowing Kum & Go a liquor license is
a mistake that would affect this neighborhood in a negative way.
There are many reasons why this Kum &Go should not be granted a liquor license, but first and
foremost is safety-safety of my neighbors, safety for the families who take advantage of
Bowling Green Park (located at 70th and Blondo Streets), and safety of the 700 students who
are enrolled at St Pius X/St Leo School (located at 69th and Blondo Streets). I was initially
against the building of this Kum &Go and am even more against them acquiring a liquor license
which would allow liquor to be sold in close proximity to so many young people.
The street that I live on is quiet and peaceful. I feel that this Kum &Go will increase the traffic
on my street and am fearful that allowing them to sell alcohol will bring in a crowd that could
pose a danger to myself and my neighbors. I see the type of people who visit the two bars
across 72nd Street and do not want them so close to my home. I am also concerned about the
sale of alcohol to minors, which while illegal, does happen. We have all heard about minors
stealing alcohol from gas stations, and I do not want this to occur in my neighborhood!
I am proud of the house I live in, the neighbors on my street who have come to be my friends,
and the way of life on Decatur Street is quiet and worry free. I raised my four children in this
house and never once had to worry that they would sneak off to a close-by store to purchase
alcohol or cigarettes. Please consider the residents of Decatur Street when making your
decision to provide this Kum &Go with a liquor license.
Sincerely,
David Colson
7067 ? lDec� '�- SF
o c11c , 61 yiciy V6495 9
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