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RES 2012-0772 - Addition of sidewalk cafe at Zin Room STATE OF NEBRASKA Dave Heineman " �'"� NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B. Rupe Executive Director 12 PITY 25 74 8: 55 301 Centennial Mall South, 5th Floor P.O. Box 95046 Lincoln, Nebraska 68509-5046 CITY CLERK Phone (402) 471-2571 OMAHA, M c n )A S'(I Fax(402) 471-2814 TRS USER 800 833-7352 (TTY) May 24, 2012 OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 Dear Clerk LICENSE #: C-93289 LICENSEE NAME: XV RESTAURANT LLC TRADE NAME: ZIN ROOM ADDRESS: 316 S 15TH STREET CITY/COUNTY: OMAHA/ DOUGLAS PREMISE PHONE: 402-541-7963 OLD DESCRIPTION: ENTIRE 13 STORY HOTEL APPROX 132'X 103' NEW DESCRIPTION: ENTIRE 13 STORY HOTEL APPROX 132'X 103' W/SIDEWALK CAFE APPROX 10'X 79' Please present this request to you city/village/county board and send us a copy of their recommendation. If recommendation of denial or no recommendation is made the Commission has no alternative but to cease ess thi re uest. R ndy S be tensing Division Nebraska Liquor Control Commission rs • cc: file Janice Wiebusch Bob Batt William Austin Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV. 12/99 • _ FFrint Form (- ). APPLICATION FOR ADDITION R TO LIQUOR LICENSE office use L 0 .1 N •11.:( 2) le"NEBRASKA UQUOR CONTROL COMMISSION M 1 • " O f (*N-I-P0 L r...,OMMISS ION Weteite: www.lcc.ne.gov u 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN,NE 68509-5046 PHONE:(402)471-2571 AKA FAX:(402)471-2814 (') if31-; B R1 t"..) Application: • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission in s • Must include a copy of the lease or deed showing ownership of area to be added I( • o This is still required even if it's the same as on file with our office • Must include simple sketch showing existing licensed area and area to be added,must include outside dimensions in feet(not 9o#re feet),•Iireetion north, No Moe prints. • May include a letter of explanation LIQUOR LICENSE# LICENSEE NAME r xv TRADE NAMEr Zi Oo rn— PREMISE ADDRESS 314 SuuyL 15 4"4" S+V CITY e "1"-- CONTACT PERSON PHONE NUMBER OF CONTACT PERSON L1°2-- 59 - -71U 3 Complete the following questions: 1) Are you adding on to your building? Yes g No • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) o direction north 2) Are you adding an outdoor area? tg Yes [C:1 No If an outdoor area(check one of the following) O 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall persons from the premises,and preventing the passing of alcoholic liquors tc 1011 include,but are not restricted to sand volleyball,horseshoe pits...) _ t=1- I (.‘• 1200009556 .11)v . . P-0 r • •i...4."ved 1-1) 012 cog*MdirwitiV cafe' thill mean ite,ouille,-or area roaxledrn tx- n se esed remises, tuch ts used by arevtaurant ;,1 14;)(*71,dtD restiltffstit le.e.e.st. Its the selit*Ed ttir*I4 ILA *mil tut 41-4Ae4it 14.ves, sea tiottsdt 14 itiltAilled bietpgruggag ietm„,thii),30/MIL.,04m„autpaa. drirtsmg the licensed area, provided that me open entrente not in steeled eight (S) frk-4 3)4.11)be /sal:1'411d W 11 Rilz_ilpt...111LpfIL,_12.SI1 0 CUM Wthitlit 0 be Wa O it Ljarivwadwrmtmuroweiworuanwsm....„vaum•NgH • Include a th4, area io b 14.14.<1 iboiviste: tiistinv huDding outside din/VA:Mina-I (irs tee) di:I-victim north Print Ntirre of Shgnatury 44gnature ikt,ensee or Officer State of Nehrsiltat I County of rbe forzekrts tlistronsotat win% ovimowledizt torfnrc Itth Dot : r r Not As, PIttblk Sittsstiert Am!:6•Alli liars VIM CORY-bra initesis SAMAtinm L COWER KLCsesk fig OA #re feet),•Iireetion north, No Moe prints. • May include a letter of explanation LIQUOR LICENSE# LICENSEE NAME r xv TRADE NAMEr Zi Oo rn— PREMISE ADDRESS 314 SuuyL 15 4"4" S+V CITY e "1"-- CONTACT PERSON PHONE NUMBER OF CONTACT PERSON L1°2-- 59 - -71U 3 Complete the following questions: 1) Are you adding on to your building? Yes g No • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) o direction north 2) Are you adding an outdoor area? tg Yes [C:1 No If an outdoor area(check one of the following) O 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall persons from the premises,and preventing the passing of alcoholic liquors tc 1011 include,but are not restricted to sand volleyball,horseshoe pits...) _ t=1- I (.‘• 1200009556 .11)v . . P-0 r • •i...4."ved 1-1) R F C E I V E D . 'z \s1F.-.::B R A c....-;K Aj_.1( Li 0 IS'S )N PI .14 \\\\ V)» \\L))A 1 \\. \ IH!' o It t4 'i 0 I cr ' I - ,0 66 •• 1 ' — r-, u,,!.. ' 1 • 0 i 4 9 .! ; - \ I 0 I I . • .);) ii. 1 . D : 1 > 1 0 c L e • r.v P. . , 3 -1)---7. 0 1 r, 1 .,..- ss, ,... 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I ' ' !•...,,....0. • VI 411141111PF i asphalt GATE I . • 1 I g 14#11 41.4 . . .._._.._._.. .. tirt 3 -Ow)1 -0 , (ix 20'-0" Fi row. BUILDIr ION I 1 2c4ncrele curb & gullet Ilw I 1 0 ' ' . , , , • 11: .. :•• 133.57M ;5 ::::.• 134.00R 0 .• :::::Ls.,...\,. 13.3.56RT 'I' \ ,.• \bilk • - `... .•' (i)1 111 wow ff,.. a 9 - _, ,......., tO 5.. ‘2.n. lik 2. 4, i 6./ te g. 6 _ ' I . 11, 1- I ! -. 1-' i 1 --r-r-,% ...., 0 . pi I I' Alf TO'" , - -Aff _sir t _...... . ® _ -- Y — / ow \ t r''''• c."- C':. r: 1 k 14 i:': V", t`''. O, S /.5th ‘S'Ircel . I . V 2 r" "0 )2 r; ).i. 99'Pubfic RicIll ol itto,> I z ti --. O i''' 1,-1 o o o i -, E , 4) -< --' i 0 ' i C •77.' II 2 .'2 \ \ \ \ \ \ \ I .! ',. . I . RECER/EE) :m4v 9 ).0 IL'. NE - ' :-.;,, ' ' cs t0 _ .. .., NIWAIRPIDION u114.1,15T.1,k5 Oinaha/Dcuslas Civic Ct mc r L-- 96,07:4.1P1'.:Alkt,r,t1 i 4 1,; .Th lb I 9 Farnarn Strecutt!ite 100 :n.:t:.:7..`,--•'')•••' '--."'• Omah ,Neb.:talc:1,64184 '-'4,, ,U41442.••196 'Pcia cross4P". 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Landlord leases to restaurant area of the building known as Redick Hotel,located at 316 South 15'c Street Orttahar NE 68102 (the"Building") as shown on Exhibit"A" (the"Premises"),containing approximately 4000 square feet of arts,on the following turns and conditions. 2. TERM. This Lease shall be for a term of thirty-six(36)months,beginning on the 1st day of August,2_111 j,and ending on the 31st day of July,2014,unless terminated earlier as provided in this Lease. If for any reason the Premises is delivered to Tenant on any date before or after the term commencement dale,rental for the period between the date of possession and the tam commencement date shall be for bee;however,Tenant shall initiate responsibility for utilities. Such earlier or later taking of possession shall not change the termination date of this Lease. This Lease shall not be void or voidable in the event of a late delivery by Landlord,nor shall Landlord be liable to Tenant for any resulting loss or damage. .3. USE OF'IREMISES, The Premises are leased to Tenant,and are to be used by Tenant.for the purposes of Restaurant and Catering Serxlee(and for no other purpose. Tenant agrees to use the Premises in such a manner as to not interfere with the rights of other tenants in the Building,to comply with all applicable governmental laws, ordinances,and regulations in connection with its use of the Premises, including without limitation all environmental Jaws, to keep the Premises in a clean and sanitary condition,and to use all reasonable precaution to prevent waste,damage,or injury to the 1 Premises. 4. RENT. (a) Sage Rent. The total Base Rent under this Lease for Year 1 is bated upon;20,00 per square foot,or S6.666.67 perlpontp,Tenant agrees to pay rent to Landlord at 316 S.1 S°Street,Omaha,NE or at any other place Landlord may designate in writing,in lawful money of the United States,in monthly installments in advance,on the first day of each month,as follows. For the period from August 1 , 2011 , to April 30 , 2012 S 666666.67 per month. For the period from . May I 2012 , to _April 30 , 2013 _ S 6,866.67 per month. Fewest period from • Mayl , 2013 , to April30 , 2014 S 7,072.67 per month. For the period from . , to . S per month. For the period from , to S per month. For the period from , to , . S _ per month. (b) Rent Adjustment. TENANT shall only be responsible for their utilities as designated by meters currently demerked and verified by third party professional.No other services shall be provided by Landlord and Tenant accepts responsibility for all consumables within the Premises. "Base Year"shall mean the calendar year in which this Lease commences. 'Tenant's pro rata share"shall mean the percentage determined by dividing the square feet of the Premises as shown in Paragraph I by the square feet of the Building which at the date hereof is agreed to be Na square feet i-,e sdlerd-ehelt. (d) Payment of Rent. Tenant agrees to pay the Base Rent as and when due,together with all adjustments and all other amounts required to be paid by Tenant under this Lease. In the event of nonpayment of any amounts due under this Lease,whether or not designated as rent,Landlord shall have all the rights and remedies provided in this Lease or by law for failure to pay rent. (e) Late Charge. lithe Tenant fails to pay the Base Rent together with the Tenant's share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease,on or before the fifth day after such payments are due Tenant agrees to pay Landlord a late charge of 10'jof the outstanding balance, (I) Security Deposit. As partial consideration for the execution of this Lease,the Tenant has delivered to Landlord for Landlord's use and possession the sum of;NA as a Security Deposit. The Security Deposit will be returned to Tenant at the expiration of this Lease if Tenant has fully complied with all covenants and conditions of this Lease. S. SERVICES. Landlord shall furnish None to the Premises during normal business hours,and at such other times as Landlord may deem necessary or desirable,in the manner customary to the Building. landlord shell have the right to discontinue any service during any period for which rent is not promptly paid by Tenant. Landlord shall not be liable for damages,nor shall the rental be abated,for failure to furnish,or delay in furnishing,any service when failure to furnish,or delay in furnishing,is occasioned in whole or in part by needful repairs,renewals,or improvements,or by any strike or labor controversy,or by any accident or casualty whatsoever,or by any unauthorized act or default of any employee of Landlord,or for any other cause or causes beyond the control of Landlord. Electricity furnished under the Lease is for the normal operation of a business office only,and Landlord shall be entitled to make additional charges for excess electricity requirements,such as non-standard computers,other special business machines and those that�require greater than a standard 110v duplex outlet. a A.' Landlord Tenant may remove its trade fixtures at the termination of this Lease provided Tanabe is;dial It /Mr het-an/1'16id frlai1de k+7tiG t Tenant repairs any damage caused by such removal. 8. REPAIRS. Landlord agrees to make all necessary repairs to the exterior walls,exterior doors,windows,and corridors of the Building and to keep the Building in a clean,neat,and attractive condition, Landlord agrees to maintain the Building equipment and mechanical systems in good repait,but Landlord shall not be liable or responsible to Tenant for breakdowns or temporary interruptions in service. Tenant agrees that it will make all repairs and replacements to the Premises not required to be made by Landlord,to do all redecorating,remodeling, alterations,and painting required by it during the term of the Lease at its own cost and expense,to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Building by Tenant,and to maintain the Premises in a safe,clean,neat,and sanitary condition Tenant shall be entitled to no compensation for inconvenience,injury,or loss of business arising from the making of any repairs by Landlord,Tenant,or other tenants to the Premises or the Building. In the event plumbing is or has been installed in the Premises. Tenant is responsible for the repair and maintenance of the plumbing system to the point where Tenant's system connects with Landlord's system. At the sole discretion of Landlord,Tenant may be required to install a meter to measure such water consumption. 9. CONDITION OF PREMISES. Except as provided herein,Tenant agrees that no promises,representations,statements,or warranties have been made on behalf of Landlord to Tenant respecting the condition of the Premises,or the manner of operating the Building,or the making of any repairs to the Premises. By taking possession of the Premises,Tenant acknowledges that the Premises were in good and satisfactory condition when possession was taken. Tenant shall,at the termination of this Lease,by lapse of time or otherwise,remove all of Tenant's property and surrender the Premises to Landlord in as good condition as when Tenant took possession,normal wear excepted. 10. 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 from water,rain,or snow which may leak into,issue or flow into the Premises from any part of the Building,or from any other place,or for any damage done to Tenant's property in moving same to or from the Building 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. 11. 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 Building. (b) Install and maintain signs on the Building. (c) Have access to all mail chutes according to the lutes of the United States Post Office Department. (d) Al 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 Building,or part thereof,and any adjacent building,land,street,or alley,and during such operations to take into and through the Premises or any part of the Building 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 tenants at reasonable times. (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 Building,which Iandlord deems necessary or desirable for the safety,protection,operation,or preservation of the Premises or the Building. (h) Approve all sources furnishing signs.painting,and/or lettering to the Premises,and approve alt signs on the Premises prior to installation thereof which approval may be withheld or conditioned in Landlord's sole discretion. (i) Establish rules and regulations for the safety,care,order,operation,appearance,and cleanliness of the Building and to make modifications thereto. 12. INSURANCE. Tenant shall not use or occupy the Premises or any pan thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Building or increase the risks covered by insurance on the Building 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 Building on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery from the other for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such policies;provided,that this waiver shall apply only when permitted by the applicable policy of insurance. 13. 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, ordinances,regulations,or orders of any governmental authority;or(c)any accident,death,or personal injury,or damage to,or toss or theft of property which shall occur on or about the Premises,or the Building,except as the same may be the result of the negligence of Landlord,its employees,or agents. 14. 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(R1iotel.3d.C)and Landlord's as additional insureds and shall provide coverage in a combined single limit per occurrence of at least S1,000,000,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 15. DAMAGE BY LUtE 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 untenantabte;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 or 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 . i ':qA Y (i 201.. \st= "=:.'r: .A LiQUOR (b) If Tenant vacates or abandons the Premises; ,; j`., ' ., -) .' ii13SSIoA (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 involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant,or if a receiver or trustee shalt 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(I0)days after notice thereof by Landlord to Tenant,time being of the essence. 18. 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 (a) Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant,and shall have the right,but not the obligation,to store such property in a public 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. Without such notice. Landlords 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 tam as though the Lease had not been terminated,and the fair market rental value of the Premises,which sum shall be immediately due Landlord from Tenant. (c) Landlord may reld 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 relenting,for any alterations and repays 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 from Meeting the Premises,r 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 has actually made payment pursuant to this subparagraph. 19. SURRENDER-11O10DM 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 fora 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. 20. SUBORDINATION AND ATTORNMENT. landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease,and all rights of Tenant hereunder,shall,at the option of landlord,be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof,and Tenant agrees to execute,acknowledge,and deliver to Landlord,upon request,any and all instruments that may be necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. s In the event any proceedings are brought for the foreclosure of any mortgage on the Premises,Tenant will anorn to the purchaser at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser,by virtue of such foreclosure,shall be deemed to have assumed,as substitute Landlord,the tams and conditions of this Lease until the resale or other disposition of its interest. Such assumption,however,shall not be deemed in acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new lease upon the same terms and conditions contained herein,confirming the foregoing,as such purchaser may reasonably request. Tenant waives any right of election to terminate this Least because of any such foreclosure proceedings. I 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered r sent by first class mail postage prepaid to Landlord at 105 North 31'Avenue,Suite 200 Omaha,Nebraska 6813)Attn;Arun Agsrwal,and also to Tddddnaut at 314Sodth I5'Street,Omaha,NE 68104 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. 22. COMPJ,FANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. '-, F- , i tor.�.. 'n,.. � Re. _ ❑ Dual agent representing both Landlord and Tenant (`'t V L~5 rr i (( rr _i';i(-_.:��.,(( 1 IImo• c:`::.•.:,, _ µ , R--: --t _ .... .. �j`t .::: .Sf•;'�,;!.'1%. . ;i"•t3 i( .. u . : :,. ..J:..),..;., ,• Jt�l ® Landlord and Tenant acknowledge that,,��y/ i y'lg paid a fee by Lemit:5fa s fee`will be shared by the Brokers based on their separate agreement °-,`...r•� i k r(,) . F , `;' s t o N ._9 v.9.•l i Z:. 1 ❑ Landlord and Tenant will each compensate their respective Brokers. 26. OTHER PROVISIONS. 26.(a) Prepaid Base Rent and Security Deposit:Landlord acknowledges the receipt of Tenant check# in the sum Of S_constituting prepaid Base Rent of S and a Security Deposit of S . 26.(b) thereunder:- 26.(c) Alternative Telecommunication Service Provider: In the event that the Tenant wishes to utilize services of an alternative telecommunication service provider rather than the telecommunication service provider(s)which is(are)servicing the building as of the date of lease execution,no such alternative service provider(s)shall be permitted to provide service to Tenant or to install its lines or other equipment within the building or across the Real Estate without obtaining the prior written consent of the Landlord.The Landlord's consent may be withheld in Landlord's sole and absolute discretion. 26.(d)Telecommunication System Installation/Removal: The Tenant(and the Tenant's telecommunications service provider(s))shall have no right to install and/or operate telecommunications systems in any area of the Building or Real Estate other than the Premises,without the prior written consent of the Landlord. The Landlord's consent can be withheld in the Landlord's sole and absolute discretion. Upon the termination or expiration of the lease,unless the Landlord has provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's telecommunications systems,and repair any damage caused by the removal(to the Landlord's reasonable satisfaction). 26.(e)Notice To investigation And Claims: If,during the lease term,or any extensions thereof,Tenant becomes aware of(a)any actual or threatened release of any hazardous material on,under,or about the Premises or Building or(b)any inquiry,investigation,proceedings,or claim by any government agency,or other person regarding the presence of Hazardous material on,under,or about the Premises or Building,Tenant shall give Landlord written notice of the release or investigation within five(5)days after learning of it and shall simultaneously furnish to Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. R E C El\t'E MAY 5 2012 5.•: : a-1 ERR 01- .. , L I U0 CONTROL CL:.-)LVI\ii!SS ION I. Tenant acknowledges that the Landlord is operating a hospitality project. 2. Tenant certifies that they will be open 365n days a week per year,and will make best efforts to meet the service criteria within the hospitality project, 3. Tenant acknowledges the need to provide 3 meals a day including breakfast. 4. Tenant acknowledges that they will solely be responsible for room service. 5. Tenant acknowledges that they will be working with the Landlord's Point-of-Sale system and serve as the hotel's Food and Beverage director. € • 1:4.0"4"" '4/4 ? ; lf`t; SAY ;. ( =, ...IQUOR AMEN6MA`4rP5Rdut71�tr1 #� ; >t yvN a,.�i j;;' 3 ' r : ;,�`• a{t�i� • Dated February 22,2011 WHEREAS,XV Restaurant,LLC("Tenant")and R Hotel,LLC("Landlord")entered into a lease dated January 8,2011 for certain premises located at 316 South 15f1 Street, Omaha,Nebraska. The Tenant and Landlord agree to the expand the Premises to include all areas highlighted on Exhibit A— Leased Premises which shall expand the original area to now include the lobby of the hotel project. The Tenant shall staff the lobby In accordance to the same terms and conditions outlined in the original agreement. All other terms and conditions shall remain the same. • AGRE : • - •- Dated:•--._-� .. -- --.._..__.:. ------_.......::. -.- ::•: ------ ARUN AGARWAL . • Member,R Hotel,LLC . Landlord • • �. • Dated: l 2 F711 •• • RYAN GISH President,XV Restaurant,LLC Tenant 1 vider(s)which is(are)servicing the building as of the date of lease execution,no such alternative service provider(s)shall be permitted to provide service to Tenant or to install its lines or other equipment within the building or across the Real Estate without obtaining the prior written consent of the Landlord.The Landlord's consent may be withheld in Landlord's sole and absolute discretion. 26.(d)Telecommunication System Installation/Removal: The Tenant(and the Tenant's telecommunications service provider(s))shall have no right to install and/or operate telecommunications systems in any area of the Building or Real Estate other than the Premises,without the prior written consent of the Landlord. The Landlord's consent can be withheld in the Landlord's sole and absolute discretion. Upon the termination or expiration of the lease,unless the Landlord has provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's telecommunications systems,and repair any damage caused by the removal(to the Landlord's reasonable satisfaction). 26.(e)Notice To investigation And Claims: If,during the lease term,or any extensions thereof,Tenant becomes aware of(a)any actual or threatened release of any hazardous material on,under,or about the Premises or Building or(b)any inquiry,investigation,proceedings,or claim by any government agency,or other person regarding the presence of Hazardous material on,under,or about the Premises or Building,Tenant shall give Landlord written notice of the release or investigation within five(5)days after learning of it and shall simultaneously furnish to Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. RECEI iJEL . MAY 9 20' 1 [ (� N,,i_B(� ASS:J LIQUOR • ,..,ON , 1-,i...Ji :'lt�,IMlSS O N SECOND.AMVIf M Mi NT TO.LEASE T,. NANT() :1 t.ATIONSVIl_lftCNQY![,JE MTS> S, Kooctt Semite,Teat nt.shall provide the room service to betel.guests.Landlord shall,provide a !Rite'extension phone to Tenant's Premises for the purpose of receiving such calls and for communication with hotel stall."tenant,shall arlegtuttety and appropriately staff room service tippr(tpriate to the.needsof the hotel.All ofTenanl's staff delivering food and beverage to guests rooms shall comply with'Landlord'.s rules mid regulations and shall at all times he dressed in a uniform or clothing which identifies them as an erimloyee of Tenant. cawing.Tenant shall•havethe exilusivo right to provide food services to meeting rooms unless otherwise agreed botweesn•thc parties. Exclusive.Landlord shall not tease any part of the building to any other Tenant which provides • food or beverage services.This provision shall not apply to the placement of vending machines or the sale of non-alcoholic bevernges.aud sime14 frcpn a"gill shop". Liquor 1;Lgeon.Landlord grunts"l'enont the right to obtain a liquor license for the Premises and to license the remainder of the area of the building for the.dispensing of alcoholic beverages.Tenant shall at all limos comply with the statutes pertaining the dispensing of alcoholic liquors of the State ofNchraska and the rules and regulations of the Nebraska Liquor Control Commission. Tenant shall report to Landlord all violations issued by the Nebraska Liquor Control Commission and ahall.iflirund guilty.pay the tine in lieu of days of suspension of the License privileges. Suspension or revocation of Tenant's liquor license shall he n default under the terms of this Lease.In the event Tenant is in default of this t.ease,or ceases operation for any reason.Tenant hereby specifically agrees that this provision shall Serve as a Temporary Agency Agreement and shall authorize Landlord to assume the nutnagemenl and operation of tie liquor license for the ('remises and the remainder of the hotel. n rDated 1 Zot{ LAN1N_t>Rn I ii Dated - TF ANt of any hazardous material on,under,or about the Premises or Building or(b)any inquiry,investigation,proceedings,or claim by any government agency,or other person regarding the presence of Hazardous material on,under,or about the Premises or Building,Tenant shall give Landlord written notice of the release or investigation within five(5)days after learning of it and shall simultaneously furnish to Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. • CITY OF OMAHA • PLANNING DEPARTMENT PI 108 • •_ PERMITS & INSPECTION DIVISION • LEASE APPLICATION • # (N/7eC • (See Reverse Side for Additional Information) I In addition to completing this form, the applicant must provide the following: 1. A dimensioned drawing of the land to be used. This drawing must include all existing improvements on city property, i.e. curb, sign, posts, fire hydrants, etc., and the location of the pf± I IV�the area (length and-width).of City property to be leased. .• 2. Any other information requested by the Planning Department, and/or the .Public WorlApepartment necessary to evaluate the proposed use. MAY 9 I L • 3. Application fee of$100.00. (Fee not refundable.) NE RASIf A LI UOR • 4. Bond (if required-see back) J N ) ci • f,. ^Or�,rt:i,4;SSION . Street Address of private property adjacent to leased property lso' Stv f • Legal Description of the private property.LDf b��,,p -n ' 7 (Pt 1 /_ ptf— I 14tti 1-1E 631b10l--• c=UMi1f Itoirt4- Klavrt4 1 VALA ?FIAP-Neff` I' y IK. IT,l VAL- Private ProdertyOwner ( ) Vto..�f)Li.0 re^,(. 3/44At/ 2,.. _l- (.632)SJ0-i • • Name (Phone) 3 Applicant . S4vif1 ( ) Gr(3), . (it not property owner) (Name) = (Address) (Daytime Phone • Description of Intended Use of y1 0 • • t If application is for Radio/Phone Tower complete.the,following:. Replacement of existing pole Y N . If repla•• -nt, height . -xisting pole Ground space.required if greater than 3 Sq. t. ' Po e heig t to top of antenna . - • Date_l 2120Z1 •' • 1I 'Applicant Sign ur •• . •• Dale . Adjacent Private Property Owner Signature •�� OR OFFICE USE ONLY . f 1'Y ( ' AP• : SVED • . . (4PPROVED . ' - ( . ( ) DENIED • • / / �`_.' ../ Zlr • 22w i, ' 0 2 ' . - . .' :- �7//.2 ,�T'"ng D ector . e �(Public Wor Director Date • CITY COUNCIL APPROVAL ^ QUIRED x Y N ` .. (. ) APPROVED CITY COUNCIL 'ESOL ON# • . • ' ( ) DENIED DATE PASSED • ANNUAL LEASE FEE$ • DATE LEASE ESTABLISHED Other Applicable Director Date I BY (FINANCE •DEPT.) . I. i i i Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. PLANNING DEPARTMENT REPORT DATE: MAY 25,2012 DUE DATE: MAY 31, 2012 CITY COUNCIL HRG JUNE 12,2012 LOCATION: 316 SOUTH 15TH STREET LEGAL DESCRIPTION: SIDEWALK CAFÉ APPROX 10' X 79' TO THE EAST • APPLICANT: XV RESTAURANT,ESIV., DBA "ZIN ROOM" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT/LOUNGE THIS REQUEST DOES(X) DOES NOT() 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) ******************************************************************************************************** ANNEXATION DATE: ORDINANCE NO. (Only if within last 24 months) EXISTING ZONING: EXITING LAND USE: ADJACENT LAND USE AND ZONING: NORTH: SOUTH: EAST: WEST: PARKING STALLS PROVIDED: r EXISTING USE DOES( ) DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S MEN'S DATE SUBJECT PROPERTY WAS POSTED: (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH SCHOOL HOSPITAL • HOME FOR THE AGED,INDIGENT OR VETERANS COLLEGE OR UNIVERSITY (Authorized Signature) (Date) If application is for Radio/Phone Tower complete.the,following:. Replacement of existing pole Y N . If repla•• -nt, height . -xisting pole Ground space.required if greater than 3 Sq. t. ' Po e heig t to top of antenna . - • Date_l 2120Z1 •' • 1I 'Applicant Sign ur •• . •• Dale . Adjacent Private Property Owner Signature •�� OR OFFICE USE ONLY . f 1'Y ( ' AP• : SVED • . . (4PPROVED . ' - ( . ( ) DENIED • • / / �`_.' ../ Zlr • 22w i, ' 0 2 ' . - . .' :- �7//.2 ,�T'"ng D ector . e �(Public Wor Director Date • CITY COUNCIL APPROVAL ^ QUIRED x Y N ` .. (. ) APPROVED CITY COUNCIL 'ESOL ON# • . • ' ( ) DENIED DATE PASSED • ANNUAL LEASE FEE$ • DATE LEASE ESTABLISHED Other Applicable Director Date I BY (FINANCE •DEPT.) . I. i i i Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. City of I ma a Webriska A.A.°41411' 1819 Farnam—Suite LC 1 g Omaha, Nebraska 68183-0112 0 _ ' Buster Brown (402) 444-5550 °° �, City Clerk FAX (402) 444-5263 o'� tI- May 29, 2012* XV Restaurant, LLC Application for an addition to your present Dba"Zin Room" Class "C" Liquor License location to add 316 South 15th Street a sidewalk café approx. 10' x 79' to the east Omaha,NE 68102 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 12, 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 Brown City Clerk BJB:clj round space.required if greater than 3 Sq. t. ' Po e heig t to top of antenna . - • Date_l 2120Z1 •' • 1I 'Applicant Sign ur •• . •• Dale . Adjacent Private Property Owner Signature •�� OR OFFICE USE ONLY . f 1'Y ( ' AP• : SVED • . . (4PPROVED . ' - ( . ( ) DENIED • • / / �`_.' ../ Zlr • 22w i, ' 0 2 ' . - . .' :- �7//.2 ,�T'"ng D ector . e �(Public Wor Director Date • CITY COUNCIL APPROVAL ^ QUIRED x Y N ` .. (. ) APPROVED CITY COUNCIL 'ESOL ON# • . • ' ( ) DENIED DATE PASSED • ANNUAL LEASE FEE$ • DATE LEASE ESTABLISHED Other Applicable Director Date I BY (FINANCE •DEPT.) . I. i i i Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. City - ah • : • �- A,D. t:p. .4514f: 470( R� , . c,� ma 's 1819 Farnam—Suite LC '1 � �' kr 00 Omaha, Nebraska 681 83-01 1 2 ©''''" 1�. 0 � Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 .4? E��t►* May 29, 2012 Jennifer Taylor, Attorney Application for an addition to the present Class "C" M M Development Liquor License location for XV Restaurant, LLC, dba 4524 Farnam Street "Zin Room", 316 South 15th Street for a sidewalk cafe Omaha,NE 68132 approx. 10' x 79' to the east Dear Liquor License Applicant Attorney: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for June 12, 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. Sincly yours, Buster Brown City Clerk BJB:clj . •• Dale . Adjacent Private Property Owner Signature •�� OR OFFICE USE ONLY . f 1'Y ( ' AP• : SVED • . . (4PPROVED . ' - ( . ( ) DENIED • • / / �`_.' ../ Zlr • 22w i, ' 0 2 ' . - . .' :- �7//.2 ,�T'"ng D ector . e �(Public Wor Director Date • CITY COUNCIL APPROVAL ^ QUIRED x Y N ` .. (. ) APPROVED CITY COUNCIL 'ESOL ON# • . • ' ( ) DENIED DATE PASSED • ANNUAL LEASE FEE$ • DATE LEASE ESTABLISHED Other Applicable Director Date I BY (FINANCE •DEPT.) . I. i i i Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. PLANNING DEPARTMENT REPORT RFCFWED DATE: MAY 25,2012 DUE DATE: MAY 31, 2012 12JlN -1 PM12: O2 CITY COUNCIL HRG JUNE 12,2012 CITY OL_EilIS LOCATION: 316 SOUTH 15TH STREET O M t,1-1 A. N F B P A Sic t LEGAL DESCRIPTION: SIDEWALK CAFÉ APPROX 10' X 79' TO THE EAST APPLICANT: XV RESTAURANT, INC.,DBA"ZIN ROOM" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS"C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAUILNT/LOUNGE THIS REQUEST DOES(X) DOES NOT() PERTAIN TO A!i QU SIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINEL•K., �� FItiNGh IF OUTSIDE: OUTSIDE AREA IS .K FEET FROM THE NEAREST RESIDENCE -raelm.I! THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) ANNEXATION DATE: ORDINANCE NO. (Only if within last 24 m ths) 031)EXIS ING ZONING: C I EXITING LAND USE: T/\-U2A1 iD C� F • 1 AC'NT .D S :my ZONING: Q N1y' Hen 1KH" le.sS (�2�GT C-VD SI Tit: ¶1 -. (��p �j--72tG\ CgJ i 11' � c A(-.7(n2.5S i �� Gt Q1 iL WESTQ,Ic [{ C C-6 PARKING STALLS PROVIDED: � �. SJ - 753 I IFj I 4_7 rn frwss EXISTING USE DOES 26 DOES NOT( )COMPLY WITH NING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S ii 00 ii 2 MEN'S 1 U Q�`� �\s — oLDeA r� 4S DATE SUBJECT PROPERTY WAS POSTED: ' "�/ d 1 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: (.-,v_ DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 ke (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH ©.� SCHOOL JS 1-----HOSPITAL D►_ HOME FOR THE AGED,INDIGENT OR VETERANS ©/ -COLLEGE OR UNIVERSITY d.� 6. l • 20IZ (Authorized Signature) (Date) f 1'Y ( ' AP• : SVED • . . (4PPROVED . ' - ( . ( ) DENIED • • / / �`_.' ../ Zlr • 22w i, ' 0 2 ' . - . .' :- �7//.2 ,�T'"ng D ector . e �(Public Wor Director Date • CITY COUNCIL APPROVAL ^ QUIRED x Y N ` .. (. ) APPROVED CITY COUNCIL 'ESOL ON# • . • ' ( ) DENIED DATE PASSED • ANNUAL LEASE FEE$ • DATE LEASE ESTABLISHED Other Applicable Director Date I BY (FINANCE •DEPT.) . I. i i i Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be home by the Tenant. 26. (I)Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: (a) Any non-working fan,heater,air conditioner or ventilation system; (b) Plumbing leaks,drips,sweating pipes,wet spots; (c) Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. ' 1 1 1 —••,, — , •im. RFL,E),\/Ek.,' 1 II 0 -c I \ i . i....(..)N..i T it.:"ss.:.-..:. 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L . r receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. . • ' .ii . ,• !I S I I . . 1 1 1. - ____ R. C,EIVED c:..i...r.;..t.,..e)-- t I . . /1 ---,--Ir---- 1 • CANVAS CANOPY • •t-ilOr. i I 1 .,,, Q, ,,,,o.-.::.:3R,;:• :::.......:.,-.),. LinLiOR . I conopy 0..) .--. • ' ID t\t'111\i"-• i 1 l. c) . ••• 16•B' ' - .•-, , ...‘‘SS‘C) /... -- •••.: 0:JN. • .-,--)Nrit.-.. ..t.. ..-..,:-...!,..,1,,dsioN 11 ,, ...., 7 b(iCk i - ,,,' ---"-'-'i .. //1 tog 11 i-i I ci • °. I I o, / . / i I 3 -0" DEEP . 1 .I CANVAS CANOPY • - i I . i ..-. C • i • i IEEE ! I 1 3 -0 DEEP . i 117114Pilei-111 ini 4:-. -- 1 CANVAS CANOPY l - ! I , 3 -0 DEEP . I 1 . 0 i H CANVAS CANOPY 2" pipe c GATE i . I i I I 4- i i 1 METAL FENCE • ..4. ! i i OUTDOOR SEATING - . ' --- I ----"---- — . I ....-------- . i I % i . .3.-0" DEEP - CANVAS CANOPY -- I ph O I ospholl , •.'. eir * lio. .-0-1-- i ; z!,:., 411 GATE I i i I I A i 1 11 1 / 0 • 1 . 0 lik . .._._.._.._._.. ttf 20.-0" H mw. BUILD! IGN I 1 2'1c4ncrele curb & gutter I illil . I : 0 • . • 11 • . . t.. . • • . ; i lair . • . 011., ,-,. • 133.57'M ilg .. i 134.00.R CD '.1 --, gli .. Ito.. ,33.56.„ 1 . E0 , 2• ,ig& \ .\. .....6%.. .... • 1 a / -:------- -3araiati.-------- --. - .._......._. _______ ._.._ _______ .r c \ \ Z er, re .x sl -1--. \ E'- ,.. • ...?,- 9. 2 . . x. , •7 I a ,AL., ! I I ! 0 i .- 1--T---7-7,7,c, , @ . 7. r. e ilt,iiir A.FM. 54. .I 1 IWO 1.' ° ., ° , i fi—EE- - MIA_ . or---— — 1 1 1 -- 11 I — . .; • r,,.... 0, \ . t...O o0 .. S 151h S'Ireet ..,,,,,,, 99 Pub&17401 ol Woy 1 • Z''' A... n I i -• 0 •t• I r' , , . --nt --9 I C1 ) ....../ • : © X 5.; • X:.; .5,-. I . P \ \ • \ \ \ \ \ \ \. 1 \ . i. . ,.. , . • , ! ... . _ ___ ... ... L . r receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. . • . ' , .. • ' . . ,tA 4v 9 )1.11.Z, . . • 10.t1C)R , . -------C,rtrPt il fli‘l, 'l!tnirfiRPM I ON . L'A7!--.7hYr7ilitt• 5 go-viilvl 15--" Otrinha/Dcugl2s Ci lc C rater - .lifitij,,..1, „le;rrl'irk.efqktre4; i-,,t- ;•"'•i..... 't',v..?1:-,1',_.' 1819 Parnant&Tee% ilite 100 ^ ' r.r......-,)•••• -- - . 0.).- 1^...k-t97.• • Omati .Ncbraska,6118g . .U 0)4 a 11 Se....., 41-et,pas0'. : Tcic 4100)44.14) \il i,..; , . it '.: 4;) City of Omaha R.E.Cunninghan 0 I Jim%title,Mnyor . •.. ', t'..).l..'OR r....,“..:;:,.. ‘,,-, 1. - ••, - ; . .....,.. .S101\1 1 f ,- ,.. - . . ; ,..., ,. _ . F g EA j • . go.. . ___ i N !,• 1 r--- . - cc: _ :.---• °I. 111:E i rn in in ..1g- L—._ •-‘4 r4 /1 • _8, ..f....- rsi to rrt rt•, ( E70; ........ = t41 l'•••. oL 2 • . ;..* ,..... ..„:, -•f'4.,.4'7 ....:-...1!...."..:.....0.;".'..•.;.2.,'''''''c.:;:... .`...*: • t, La • 'la' '• • •. ..: •••ii • 1- - - . . - in III r--. - In in di 3 li sr h . • •; .-; (-4 1 - • - .?. co -4 A fe• X .-. .: • * — ffi x -: t I., x- - - ' 1 ti .. ;* . .. - -*-- . .....n •. .: '",„ ii gli 1.I 1 in I r rn r---. •-4 .._.. III • ..._• 1 li . I ... ..-. • l'.1 •-::r.,,,I • • .; rn •, litl. ,71 •• —1 -.-7 ,..• _ - iNi io Tr rn , I ,s- I or----- .. Ito.. ,33.56.„ 1 . E0 , 2• ,ig& \ .\. .....6%.. .... • 1 a / -:------- -3araiati.-------- --. - .._......._. _______ ._.._ _______ .r c \ \ Z er, re .x sl -1--. \ E'- ,.. • ...?,- 9. 2 . . x. , •7 I a ,AL., ! I I ! 0 i .- 1--T---7-7,7,c, , @ . 7. r. e ilt,iiir A.FM. 54. .I 1 IWO 1.' ° ., ° , i fi—EE- - MIA_ . or---— — 1 1 1 -- 11 I — . .; • r,,.... 0, \ . t...O o0 .. S 151h S'Ireet ..,,,,,,, 99 Pub&17401 ol Woy 1 • Z''' A... n I i -• 0 •t• I r' , , . --nt --9 I C1 ) ....../ • : © X 5.; • X:.; .5,-. I . P \ \ • \ \ \ \ \ \ \. 1 \ . i. . ,.. , . • , ! ... . _ ___ ... ... L . r receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. 2.) , c l J -i "i NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that XV RESTAURANT, LLC DBA "ZIN ROOM" has applied for an ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale beer,wine and liquor] LIQUOR LICENSE LOCATION TO ADD A SIDEWALK CAFÉ APPROX. 10' X 79' TO THE EAST • located at 316 SOUTH 15TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 12, 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. o rrt rt•, ( E70; ........ = t41 l'•••. oL 2 • . ;..* ,..... ..„:, -•f'4.,.4'7 ....:-...1!...."..:.....0.;".'..•.;.2.,'''''''c.:;:... .`...*: • t, La • 'la' '• • •. ..: •••ii • 1- - - . . - in III r--. - In in di 3 li sr h . • •; .-; (-4 1 - • - .?. co -4 A fe• X .-. .: • * — ffi x -: t I., x- - - ' 1 ti .. ;* . .. - -*-- . .....n •. .: '",„ ii gli 1.I 1 in I r rn r---. •-4 .._.. III • ..._• 1 li . I ... ..-. • l'.1 •-::r.,,,I • • .; rn •, litl. ,71 •• —1 -.-7 ,..• _ - iNi io Tr rn , I ,s- I or----- .. Ito.. ,33.56.„ 1 . E0 , 2• ,ig& \ .\. .....6%.. .... • 1 a / -:------- -3araiati.-------- --. - .._......._. _______ ._.._ _______ .r c \ \ Z er, re .x sl -1--. \ E'- ,.. • ...?,- 9. 2 . . x. , •7 I a ,AL., ! I I ! 0 i .- 1--T---7-7,7,c, , @ . 7. r. e ilt,iiir A.FM. 54. .I 1 IWO 1.' ° ., ° , i fi—EE- - MIA_ . or---— — 1 1 1 -- 11 I — . .; • r,,.... 0, \ . t...O o0 .. S 151h S'Ireet ..,,,,,,, 99 Pub&17401 ol Woy 1 • Z''' A... n I i -• 0 •t• I r' , , . --nt --9 I C1 ) ....../ • : © X 5.; • X:.; .5,-. I . P \ \ • \ \ \ \ \ \ \. 1 \ . i. . ,.. , . • , ! ... . _ ___ ... ... L . r receptacles of water,especially in case where the overflow may have permeated walls,floors,ceilings or fixtures; (d) Water intrusion of any kind; (e) Any mold or black or brown spots or moisture on surfaces inside the Premises, (I) Broken plumbing systems or standings water near structures; (g) Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; (h) Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hy •_Jsensitivity,to mold growth at the Premises; and (i) Any odors consistent with mold growth. 27.(g) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms said conditions of this Lease and is not otherwise in default of Lease,Tenant shall have two(2)options to extend the Lease each for 3 years. Tenant must notify Landlord in writing within ninety(180)days of expiration of Initial lease term of its intent to exercise this Option,time being of the essence in this regard and shall be at a rate no less than 3%above the prior year's base rent. 27.(h)Base Year Adjustments: 3%per annum. 27.(i)Landlords Improvements: Landlord will provide the following:N/A Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on• .If of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. • rnNESS W ER eF,the.: .. eto have executed this Lease the day and year first above written. I Eel ` LANDLt . k 'P'w 1 ^ T ADf BY: ' BY: / " i, 4,si-arrest- L.L. C- nonrrPryor n ./1 I PRiNT/TYPE / I imiumrme. for all costs of complying with the Americans with Disabilities Act(ADA)and all similar taws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 24. MISCELLANEQIIS. (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 he effected 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 a surender. o / w - p7 / / q . J 0 a \ C 7 n & n o § §. m / & n = 9 � n � J _ o E q ' cp k. \ / 1.7.t. � 0 § . o , r ? t -,C-iD'.., E- % ( 0 0 § & - O . , / \ / 2 F q 2 7 C 2 & c` 0 2 q k 0 G ° §_ g P . s E - ? u o o § cN will solely be responsible for room service. 5. Tenant acknowledges that they will be working with the Landlord's Point-of-Sale system and serve as the hotel's Food and Beverage director. € • 1:4.0"4""