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RES 2012-0846 - Addition of beer garden to The Marquee Lounge STATE OF NEBRASKA Dive Heineman C I ° 1 F�LSKA LIQUOR CONTROL COMMISSION Governor Hobert B. Rupe Executive Director 12 SUN _5 rim 8: 53 301 Centennial Mall PSoutOh,ox 5th95046 Floor . . B Lincoln, Nebraska 68509-5046 CITY CLERK Phone (402) 471-2571 Fax(402471-2814 OMAHA, NEBRASKA TRS USER 800 833>7352 (TTY) June 4, 2012 OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 Dear Clerk LICENSE #: C-91157 LICENSEE NAME: HEISE PROPERTIES INC TRADE NAME: MARQUEE LOUNGE, THE ADDRESS: 14805 W MAPLE ROAD CITY/COUNTY: OMAHA/ DOUGLAS PREMISE PHONE: 402-493-4707 OLD DESCRIPTION: ONE STORY BUILDING APPROX 80'X 25'IN STRIP MALL' NEW DESCRIPTION: ONE STORY BUILDING APPROX 80'X 25' IN STRIP MALL W/BEER GARDEN APPROX 13'X 21' Please present t quest to you city/village/county board and send us a copy of their recommendation. If recommendati of nial or no recommendation is made the Commission has no alternative but to cease p e andy ybert Licen ng 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 e attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj ed Signature) (Date) est in all trade fixtures and other personal property belonging to Lessee which are or may be put into the Leased Premises during the term hereof, whether exempt or not from sale under execution and attachment under the laws of the State of Nebraska, as security for payment of all rent, additional rent, or other sums which may become due to Lessor from Lessee under this Lease and performance of all obligations of Lessee under this Lease. 18.14 Late Payments. In the event that any portion of the monthly rental payment, or any other amount or sum of money due from Lessee to Lessor under the provisions of this Lease, remains unpaid for a period of five (5) days after the payment date provided herein, a delinquency charge of five percent (5%) of the amount of such payment remaining due and unpaid shall be added to the said delinquent payment and shall thereupon become immediately due and payable. 18.15 Merchants Association. A merchants association has been organized in the Shopping Center to undertake activities such as joint group advertising, promoting seasonal events, contacting new tenants and other activities designed to promote the Shopping Center. The Lessee agrees to become and throughout the term of this Lease to remain a member of the current or any successor merchants association and to pay such dues or other assessments which such association may reasonably assess against or require from its members, and to actively participate in at least three advertising promotions a year sponsored by the merchants association in local media. 18.1b Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of a partnership, or of a joint venture between the parties hereto, it being understood and agreed that neither the Revised 1/00 -l 9- sons and in the amounts set forth Revised 1/00 -8 under standard fire and extended coverage insurance, to the extent of twenty-five Revised 1/00 , _. ---- — Print Form APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH ���y 6V E PO BOX 95046 6 F7 LINCOLN,NE 68509-5046 PHONE:(402)471-2571 • FAX:(402)471-2814 • 't0i2 Website: ,ww.lcc.ne,¢ov JUN Application: NEINVASKA LIQUOR , • Must include processing fee of S45.00 made payable to NeterilliganCxattinagiatidssion •• (----) • Must include a copy of the lease or deed showing ownership of area to be added 'ti" • a 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 square feet),direction north. No blue prints. • May include a letter of explanation LIQUOR LICENSE# -\ \ , S LICENSEE NAME r •Q., \ . A TRADE NAME ___ ___ ' L—w\ _ .__ PREMISE ADDRESS • S W f `t s • (Zs Oa d . CITY Um a h, --.__-- lc • ,\ l `--- E 1 1't �• e. CONTACT PERSON C U r _ 1 PHONE NUMBER OF CONTACT PERSON 1— 2_- 0\2 - Z d Complete the following questions: 1) Are you adding on to your building? 0 Yes I►'' No 1 • 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? I:/ Yes ® No If an outdoor area(check one of the following) ® 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 preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,lu ) ,I - ` vim j 'r" REE2#5 D 1200010892 onal rent, or other sums which may become due to Lessor from Lessee under this Lease and performance of all obligations of Lessee under this Lease. 18.14 Late Payments. In the event that any portion of the monthly rental payment, or any other amount or sum of money due from Lessee to Lessor under the provisions of this Lease, remains unpaid for a period of five (5) days after the payment date provided herein, a delinquency charge of five percent (5%) of the amount of such payment remaining due and unpaid shall be added to the said delinquent payment and shall thereupon become immediately due and payable. 18.15 Merchants Association. A merchants association has been organized in the Shopping Center to undertake activities such as joint group advertising, promoting seasonal events, contacting new tenants and other activities designed to promote the Shopping Center. The Lessee agrees to become and throughout the term of this Lease to remain a member of the current or any successor merchants association and to pay such dues or other assessments which such association may reasonably assess against or require from its members, and to actively participate in at least three advertising promotions a year sponsored by the merchants association in local media. 18.1b Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of a partnership, or of a joint venture between the parties hereto, it being understood and agreed that neither the Revised 1/00 -l 9- sons and in the amounts set forth Revised 1/00 -8 under standard fire and extended coverage insurance, to the extent of twenty-five Revised 1/00 • 0 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent fence,wall,railing,rope or chain.,defining the licensed area,provided that one open entrance not to exceed eight(8)feet shall be allowed. What type of permanent fencing will you be using? I% C�C� Q-'\ e r\C e • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) o direction north ` eCE8\1°) 2012 oQUO IA CO Pridt Name of Signature COO C4 • Signs f Licensee or Officer State of Nebraska County of .Din.., 14 S The forgoing instrument was acknowledge before me this i"`t 3 6,tiate Notary Public Signature AM/Seat ere " ` tate of r sE► GEivEn .. • .:2 . ..'le`. a{ca iE RY-SWILLIAMS i• J. Vi:.'.. At�'S i_GENEMRAyjlCANocOrniKmA .Exp.duneNeb 2,201aska3 e<. 2013 • CONTACT PERSON C U r _ 1 PHONE NUMBER OF CONTACT PERSON 1— 2_- 0\2 - Z d Complete the following questions: 1) Are you adding on to your building? 0 Yes I►'' No 1 • 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? I:/ Yes ® No If an outdoor area(check one of the following) ® 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 preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,lu ) ,I - ` vim j 'r" REE2#5 D 1200010892 onal rent, or other sums which may become due to Lessor from Lessee under this Lease and performance of all obligations of Lessee under this Lease. 18.14 Late Payments. In the event that any portion of the monthly rental payment, or any other amount or sum of money due from Lessee to Lessor under the provisions of this Lease, remains unpaid for a period of five (5) days after the payment date provided herein, a delinquency charge of five percent (5%) of the amount of such payment remaining due and unpaid shall be added to the said delinquent payment and shall thereupon become immediately due and payable. 18.15 Merchants Association. A merchants association has been organized in the Shopping Center to undertake activities such as joint group advertising, promoting seasonal events, contacting new tenants and other activities designed to promote the Shopping Center. The Lessee agrees to become and throughout the term of this Lease to remain a member of the current or any successor merchants association and to pay such dues or other assessments which such association may reasonably assess against or require from its members, and to actively participate in at least three advertising promotions a year sponsored by the merchants association in local media. 18.1b Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of a partnership, or of a joint venture between the parties hereto, it being understood and agreed that neither the Revised 1/00 -l 9- sons and in the amounts set forth Revised 1/00 -8 under standard fire and extended coverage insurance, to the extent of twenty-five Revised 1/00 I .. Ws >e. ...... \RECEIVED ..„:1:.. JUN 1 2.012. ,..; • NEBRASKA LIQUOR .5 L COMMISSION < . C e.) t...) ..) ,C;I 1 , t, 1 i • -÷" ; I, • \* /t i . • 1(1. ( 1 1 , k•1 ... fir, • i cy_ , CI) , .e i 4 1.) i . IC > - " . ' 6 i _. • i i\I --",-5 . Lii I ' Ci . . ' • -- ), "' --r- -4-- i\1 c- i r l7A• a- )! , i• 1 . ii • 0 I -----, I I al ) 1 il -10) H,1 a) C '1, cil 1 1\:i n's (. 00 r.1 •,-• --4 5 5 '>' k j U neNeb 2,201aska3 e<. 2013 • CONTACT PERSON C U r _ 1 PHONE NUMBER OF CONTACT PERSON 1— 2_- 0\2 - Z d Complete the following questions: 1) Are you adding on to your building? 0 Yes I►'' No 1 • 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? I:/ Yes ® No If an outdoor area(check one of the following) ® 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 preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,lu ) ,I - ` vim j 'r" REE2#5 D 1200010892 onal rent, or other sums which may become due to Lessor from Lessee under this Lease and performance of all obligations of Lessee under this Lease. 18.14 Late Payments. In the event that any portion of the monthly rental payment, or any other amount or sum of money due from Lessee to Lessor under the provisions of this Lease, remains unpaid for a period of five (5) days after the payment date provided herein, a delinquency charge of five percent (5%) of the amount of such payment remaining due and unpaid shall be added to the said delinquent payment and shall thereupon become immediately due and payable. 18.15 Merchants Association. A merchants association has been organized in the Shopping Center to undertake activities such as joint group advertising, promoting seasonal events, contacting new tenants and other activities designed to promote the Shopping Center. The Lessee agrees to become and throughout the term of this Lease to remain a member of the current or any successor merchants association and to pay such dues or other assessments which such association may reasonably assess against or require from its members, and to actively participate in at least three advertising promotions a year sponsored by the merchants association in local media. 18.1b Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of a partnership, or of a joint venture between the parties hereto, it being understood and agreed that neither the Revised 1/00 -l 9- sons and in the amounts set forth Revised 1/00 -8 under standard fire and extended coverage insurance, to the extent of twenty-five Revised 1/00 RECEIVED 3uN 'k 2012 0, �A E ' LtQuoR BUSINESS PROPERTY LEAS S`� cO�11iVi SS ON THIS BUSINESS PROPERTY LEASE(this"Lease")is entered into this a[N�y of September,2011 between BSR 148 Maple LLC(the"Landlord"),and Heise Properties,Inc.d/b/a Marque Bar(the"Tenant"). 1. PREMISES. Landlord leases to Tenant the real property located at 14803 - 14805 West Maple Road, Omaha,NE 68116(the"Premises"),containing approximately 2,405 square feet of area,on the terms and conditions set forth below. 2. TERM. This Lease shall be for a term of ten (10)years,commencing as of the Delivery Date, and expiring ten(10)years thereafter. Notwithstanding the foregoing,if this Lease commences on any day other than the first day of a calendar month,the expiration date shall be extended so that it occurs on the last day of the month,ten(10) years hence. The"Delivery Date"shall be the date that Landlord delivers the Premises to Tenant with Landlord's Work substantially completed. The parties agree to execute a commencement date memorandum. Provided that Tenant is not then under default of the terms contained herein,Tenant shall be granted one 5-year option to renew this Lease. Tenant shall provide Landlord with written notice of its intent to so renew not less than one hundred eighty(180)days prior to the expiration of the initial term of this Lease. All terms and conditions set forth in this Lease shall continue to apply,except that Base Rent shall increase 2%annually over the amount last then charged. • 3. USE OF PREMISES. The Premises are leased to Tenant,and are to be used by Tenant,for the purposes of operating a bar,including the on-site sale and consumption of alcoholic beverages,and for no other purpose without obtaining the prior written consent of Landlord,which shall not be unreasonably withheld. Tenant agrees to use the Premises In such a manner as to not interfere with the rights of other tenants in the Real Estate, to comply with all applicable governmental laws,ordinances,and regulations in connection with its use of the Premises,including without limitation all environmental laws,to keep the Premises and common grounds in a clean and sanitary condition,and to use all reasonable precaution to prevent waste,damage,or injury to the Premises. 4. RENT. (a) Base Rent. Base and Additional Rent shall commence as of the Delivery Date, For the initial term of this Lease,Tenant shall pay to Landlord,at such address as Landlord may from time to time designate in writing,base rent as follows: Year Rental Rate Monthly Amount 1 $16.00 PSF $3,206.67 2 $16.25 PSF $3,246.75 3 $16.50 PSF $3,306.88 4 $17.00 PSF $3,407.08 5 $17.75 PSF $3,557.40 6 $18.00 PSF $3,607.50 7 $18.50 PSF $3,707.71 8 $19.00 PSF $3,807.92 9 $19.50 PSF $3,908.13 10 $20.00 PSF $4,008.33 Rent shall be adjusted on a pro-rata basis should this Lease commence on any day other than the first day of a calendar month. Page 1 of 9 ants association and to pay such dues or other assessments which such association may reasonably assess against or require from its members, and to actively participate in at least three advertising promotions a year sponsored by the merchants association in local media. 18.1b Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of a partnership, or of a joint venture between the parties hereto, it being understood and agreed that neither the Revised 1/00 -l 9- sons and in the amounts set forth Revised 1/00 -8 under standard fire and extended coverage insurance, to the extent of twenty-five Revised 1/00 (b) Operating Expenses. In addition to the Base Rent,Tenant shall pay a pro rata share of operating expenses of the real estate of which the Premises are part, parking areas, and grounds ("Real Estate"). "Operating expenses" shall mean all costs of maintaining and operating the Real Estate,including but not limited to all taxes and special assessments levied upon the Real Estate,fixtures,and personal property used by Landlord at the Real Estate,all insurance costs,all costs of labor,material and supplies for maintenance,repair,replacement,and operation of the Real Fstate,including but not limited to repair and/or replacement of the HVAC,heating,line painting,electricity for exterior common lighting, snow removal, landscaping, cleaning, depreciation of machinery and equipment used in such maintenance,repair and replacement,and a management fee. Operating Expenses shall not include property additions and capital improvements to the real estate,alterations made for specific tenants,depreciation of the Real Estate,debt service on long term debt or income taxes paid by Landlord. Tenant shall pay its own utilities for gas, electricity, water/sewer,telecommunications,and janitorial,which are explicitly excluded from Operating Expenses. The parties acknowledge that Tenant has previously been liable for outdoor cleanup costs related to the activities of its customers. Landlord agrees to suspend these charges upon the execution of this Lease; provided, however,that Landlord reserves the right to re-institute them should Tenant's customers again necessitate such remedial measures. "Tenants pro rata share"shall mean the percentage determined by dividing the square feet of the Premises as shown in Paragraph 1,by 11,277 square feet. Tenant's pro rata share of the Operating Expenses shall be determined on an annual basis for each calendar year ending on December 31 and shall be pro rated for the number of months Tenant occupied the Premises if Tenant did not occupy the Premises the full year. At the end of each year,an analysis of the total year's Operating Expenses shall be presented to Tenant and Tenant shall pay the amount, if any, by which the Tenant's pro rata share of the Operating Expenses for the year exceeded the amount of the estimated Operating Expenses paid by Tenant shall be paid by Tenant to Landlord within thirty(30)days atter Tenant's receipt of the statement. In the event this Lease terminates at any time other than the last day of the year, the excess Operating Expenses shall be determined as of the date of termination. If Tenant's payments of estimated Operating Expenses exceed the amount due Landlord for that calendar year,Landlord shall,at its option,provided Tenant is not then in default under this Lease,apply the excess as a credit against Tenant's other obligations under this Lease or promptly refund such excess to Tenant if the term of this I Psse has already expired,in either case without interest to Tenant. (c) Payment of Rent.Tenant agrees to pay the Base Rent as and when due, together with Tenant's share of the Operating Expenses 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. (d) Late Charge. If the Tenant falls 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 five percent(5%)of the amount then past due. (e) 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$3,206.67 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. 5. SERVICES. NONE. Landlord shall not be liable for damages, nor shall the rental be abated, for interruption of utilities if it 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 of causes beyond the control of Landlord. 6. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the Premises, transfer this Lease by operation of law or otherwise, or permit any other person except agents and employees of Tenant to occupy the Premises,or any part thereof,without the prior written consent of Landlord,which may be withheld in its absolute discretion. Landlord may consider any factor it deems relevant in determining whether Page 2 of 9 to withhold consent including, but not limited to, the following: (a) financial responsibility of the new tenant, (b) identity and business character of the new tenant,(c)nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease or the rent hereunder. 7. TENANT'S IMPROVEMENTS. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the interior of the Premises at its own expense. Prior to commencing any such work,Tenant shall first obtain the written consent of Landlord for the proposed work,which shall not be unreasonably withheld. Landlord may,as a condition to its consent,require that the work be done by Landlord's own employees and/or under Landlord's supervision, but at the expense of Tenant, and that Tenant give sufficient security that the Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such improvements, additions, or alterations installed or made by Tenant, except Tenant's trade fixtures, shall become part of the Premises and the property of the Landlord. Tenant may remove its trade fixtures at the termination of this Lease provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal. Landlord shall deliver the Premises to Tenant with Landlord's Work substantially completed as of the Delivery Date. Landlord's Work shall include those items detailed on Exhibit A,attached hereto,which have been previously agreed upon by the parties. 8. REPAIRS. Landlord agrees to maintain in good condition, and repair as necessary the foundations, exterior walls,the structure and the roof of the Premises. The maintenance costs of all common entry ways,hallways, restrooms,sidewalks and parking areas shall be an Operating Expense which shall pass through to Tenant as additional rent. • Tenant agrees that it will make,at its own cost and expense,all repairs and replacements to the Premises not required to be made by Landlord, including,but not limited to,all interior and exterior doors,door frames,windows, plate glass,and the beating,air conditioning,plumbing and electrical systems servicing the Premises. Tenant agrees 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 Real.Estate 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 Real Estate. 9. CONDITION OF PREMISES. Except as otherwise indicated herein, Tenant acknowledges that it is taking the Premises in their "as is" condition. 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 Real Estate, 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 Real Estate,or from any other place,or for any damage done to Tenant's property in moving same to or from the Real Estate or the Premises. Tenant shall give Landlord,or its agents,prompt written notice of any damage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 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: Pagc 3 of 9 Page 2 of 9 (a) Change the name or street address of the Real Estate. (b) Install and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the rules of the United States Post Office Department. (d) At reasonable times, to decorate, and to make, at its own expense, repairs, alterations, additions, and improvements, structural or otherwise, in or to the Premises,the Real Estate, or part thereof, and any adjacent Real Estate, land,street,or alley,and during such operations to take into and through the Premises or any part of the Real Estate all materials required,and to temporarily close or suspend operation of entrances,doors,corridors,elevators,or other facilities to do so. (e) Possess passkeys to the Premises. (f) Show the Premises to prospective 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 Real Estate,which Landlord deems necessary or desirable for the safety,protection,operation,or preservation of the Premises or the Real Estate. (h) Approve all sources furnishing signs,painting,and/or lettering to the Premises,and approve all signs on the Premises prior to installation thereof. (i) Establish rules and regulations for the safety, care, order, operation, appearance, and cleanliness of the Real Estate and to make modifications thereto. 12. INSURANCE. Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Real Estate or increase the risks covered by insurance on the Real Estate or necessitate additional insurance premiums or policies of insurance,even if such use may be in furtherance of Tenant's business purposes. in the event any policies of insurance are invalidated by acts or omissions of Tenant,Landlord shall have the right to terminate this Lease or,at Landlord's option,to charge Tenant for extra insurance premiums required on the Real Estate on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery 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 attomey'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 loss or theft of property which shall occur on or about the Premises, or the Real Estate,except as the same may be the result of the negligence of Landlord,its employees,or agents. 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 and Landlord's managing agent as additional Insured 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(l 0)days notice by the insurance company prior Pagc 4 of 9 ll 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: Pagc 3 of 9 Page 2 of 9 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 FIRE OR OTHER CASUALTY. lf,during the term of this Lease,the Premises shall be so damaged by fire or any other cause except Tenant's negligent or intentional act so as to render the Premises untenantable, the rent shall be abated while the Premises remain untenantable; and in the event of such damage, Landlord shall elect whether to repair the Premises or to cancel this Lease, and Shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work 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 not extend the Lease term 16. CONDEMNATION. If the whole or any part of the Premises shall be taken by public authority under the power of eminent domain,then the term of this 1 rase shall cease on that portion of the Premises so taken,from the date of possession,and the rent shall be paid to that date,with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises taken is such that it prevents the practical use of the Premises for Tenant's purposes,then Tenant shall have the right either(a)to terminate this Lease by giving written notice of such termination to Landlord not later than thirty(30)days after the taking,or(b)to continue in possession of the remainder of the Premises,except that the rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises,in whole or in part,the entire resulting award of damages shall be the exclusive property of Landlord, including all damages awarded as compensation for diminution in value to the leasehold,without any deduction for the value of any unexpired term of this Lease,or for any other estate or interest in the Premises now or hereafter vested in Tenant. 17. DEFAULT OR BREACH. Each of the following events shall constitute a default or a breach of this Lease by Tenant: (a) If Tenant fails to pay Landlord any rent or other payments within ten (10) days from the due date hereunder, (b) If Tenant vacates or abandons the Premises; (c) If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act,or voluntarily takes advantage of any such act by answer or otherwise,or makes an assignment for the benefit of creditors; (d) If involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant,or if a receiver or trustee shall be appointed of all or substantially all of the property of Tenant,and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or (e) If Tenant fails to perform or comply with any other term or condition of this Lease,or any of the rules and regulations established by Landlord,and if such nonpeu foLurance shall continue for a period of thirty(30)days after notice thereof by Landlord to Tenant,time being of the essence. In the event that a cure cannot be completed within thirty(30)days following such notice,it shall not be considered a default if Tenant commences the cure thereof within such thirty(30)days and thereafter diligently undertakes actions to complete it;provided,however,that such extension shall not last longer than ninety(90)days. 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. Page 5 of 9 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: Pagc 3 of 9 Page 2 of 9 (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover from Tenant all damages proximately resulting from the breach,including the cost of recovering the Premises and the difference between the rent due for the balance of the Lease term as though the Lease had not been terminated and the fair market rental value of the Premises for the balance of the Lease term as though the Lease bad not been terminated which sum shall be immediately due Landlord from Tenant. (c) Landlord may relet the Premises or any part thereof for any term without terminating this Lease,at such rent and on such terms as it may,choose.Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease,Tenant shall be liable for all expenses of the reletting, for any alterations and repairs made,and for the rent due for the balance of the Lease term,which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease from reletting the Premises or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 19. SURRENDER-HOLDING OVER Tenant shall,upon termination of this Lease,whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease,without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays, and Landlord accepts,rent for a period after termination of this Lease, Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be 125%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 lies 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 Real Estate or any part thereof,and Tenant agrees to execute,acknowledge,and deliver to Landlord,upon request,any and all instruments that may he necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. In the event any proceedings are brought for the foreclosure of any mortgage on the Premises, Tenant will attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate (the"New Premises"),provided that the New Premises shall be Page 6 of 9 's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: Pagc 3 of 9 Page 2 of 9 • • reasonably usable for Tenant's business hereunder; and, if Tenant is already in occupancy of the Premises, then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are substantially similar to the Premises. 24. MISCELLANEOUS. (a) Binding on Assigns. All terms, conditions, and agreements of this Lease shall be binding upon, apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver - None. The failure of Landlord to insist upon strict performance of any of the terms, conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (d) No Surrender. No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (f) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (g) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: Mike Kaufman and Seth Campbell from CB Richard EUisJMEGA for Landlord. No broker(s)for Tenant. 26. RULES AND REGULATIONS. Tenant shall comply with all rules and regulations that Landlord may apply to the Premises. Landlord reserves the ability to amend,change or add to such rules and regulations from time to time. 27. SIGNAGE. Tenant shall possess its pro-rate signage share on the building. Tenant shall be allowed to place "Coming Soon" and "Now Open" banners on the Premises thirty days prior and subsequent to its opening, respectively. Tenant shall also be allowed from time to time to place promotional banners in the yard. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 9 attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate (the"New Premises"),provided that the New Premises shall be Page 6 of 9 's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: Pagc 3 of 9 Page 2 of 9 IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. LANDLORD: TENANT: BSR Maple 148 LLC Cory Heise,Inc.d/b/a Marque Bar By: By: (Cirbpi Name: A-1k t1 hf S h Alt M A Name: C OM t I-k 15(?,, Its: PmS PERSONAL GUARANTEE The undersigned hereby absolutely and unconditionally guarantee unto the Landlord the payment of the rent and the performance of all of the covenants under the Lease and all renewals and extensions thereof by the Tenant and hereby waive notice of any default under the Lease and agree that this liability shall not be released or affected by an extension of time for payment,by any forbearance by the Landlord,or by any assignment or modification of this Lease. Dated this day of ___,2011. By: L� 1 , Name: ( RECEIVED Address: N itA D1rxLc\ NE. (-) I(bO JUN 2012 Tel.#: 1402.— °1 ).)...—C)2VA NEBRASKA LIQUOR CONTROL. COMMISSION • Page 8 of 9 by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (d) No Surrender. No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (f) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (g) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: Mike Kaufman and Seth Campbell from CB Richard EUisJMEGA for Landlord. No broker(s)for Tenant. 26. RULES AND REGULATIONS. Tenant shall comply with all rules and regulations that Landlord may apply to the Premises. Landlord reserves the ability to amend,change or add to such rules and regulations from time to time. 27. SIGNAGE. Tenant shall possess its pro-rate signage share on the building. Tenant shall be allowed to place "Coming Soon" and "Now Open" banners on the Premises thirty days prior and subsequent to its opening, respectively. Tenant shall also be allowed from time to time to place promotional banners in the yard. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 9 attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate (the"New Premises"),provided that the New Premises shall be Page 6 of 9 's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: Pagc 3 of 9 Page 2 of 9 • EXHIBIT A • I' EC VED JUN 11 2012 NEBRA s�:aLIQUOR �� ss oN CONTROL • Page 9 of 9 �. C 0 .Q 0 O_ O C7 No O CD "n `� N 5 N r. po r W ` Q ''f \ n O O n to VI 0 CD 0 O i. CD n R p L7 O� N CT el:1 cDC`,.....1.-s..... llt O CCDD r+ on •'" I C� I.) N Pp A� ,...4 O W '••C 7' cc) to') O • A it �' PLANNING DEPARTMENT REPORT RECEIVED DATE: JUNE 6,2012 DUE DATE: JUNE 14, 2012 12 JUN 15 AF1 8: 2 CITY COUNCIL HRG JUNE 26,2012 CITY Cl ERr' LOCATION: 14805 WEST MAPLE ROAD OMAHA ;..l F' 'p 4 LEGAL DESCRIPTION: BEER GARDEN APPROX 13'X 21' TO THE NORTH APPLICANT: HEISE PROPERTIES, INC.,D BA"THE MARQUEE LOUNGE" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: LOUNGE/BAR THIS REQUEST DOES(X) DOES NOT() PERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE -� PERMITS OBTAINED l�� . Tif2-Il�c—'�� Y` -A IF OUTSIDE: OUTSIDE AREA IS 7`7`" 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: 1 ,ORDINANCE NO. (Only if within last 24 onnt�hs)) EXIS ING ZONING: V EXITING LAND U : l�U3 GL iI lA'L- ADJA EN i U ' AND ZON 1 NORT • ]vi1� '�VI S�`t �-1 � l I )2--- SOUTH: I 1 ) EAST► &) ( 5r7 `, WEST:Jk I c () )am`52_, IVI� PARKING S ALLS PROVIDED: k/5T�`\r) 1� EXISTING USE DOES( DOES NOT( )COMPLY WITH. NING REGULATIONS PLUMBING FIXTURE PROVIDED: WOMEN'S W D TL�� MEN'S '0114/1 .Q' °` ( r W G 0 e-t ODA& DATE SUBJECT PROPERTY WAS POSTED: \D' 0' V )/ 4 v (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:CS DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: D -f (State Law) DISTANCE OF OP D LICENSE TO ANY CHURCH ()/-- SCHOOL 0RASP 6 r--- HOME FOR THE A,G D, GENT R VETERANS /7 / COLLEGE OR UNIVERSITY t1 �' T (Authorized Signature) (Date) ermitted by law. 25. BROKERS. The brokers involved in this transaction are: Mike Kaufman and Seth Campbell from CB Richard EUisJMEGA for Landlord. No broker(s)for Tenant. 26. RULES AND REGULATIONS. Tenant shall comply with all rules and regulations that Landlord may apply to the Premises. Landlord reserves the ability to amend,change or add to such rules and regulations from time to time. 27. SIGNAGE. Tenant shall possess its pro-rate signage share on the building. Tenant shall be allowed to place "Coming Soon" and "Now Open" banners on the Premises thirty days prior and subsequent to its opening, respectively. Tenant shall also be allowed from time to time to place promotional banners in the yard. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 9 attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate (the"New Premises"),provided that the New Premises shall be Page 6 of 9 's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: Pagc 3 of 9 Page 2 of 9 c."-, ',:r11:ECENED JUN 1 ZO1Z ,.. • NEBRASKA LIQUOR oPrPL COMMISSION ec.,.) ..,... f ••••4::1 • t . 't , --i-. . k..A .. 7— . -i-- . . .'-... , 0. f ( kJ - , .. <1 r) 3,..i. t c.. ..... 6.. ') 5 1.) o , 0 (3) 5 cs" 1, • ;, L. k. .. / _ dle rj j • i\' 6 1 i 6 ...... • "7— ( j -- --§ S -4-• 1 ' I kJ) 40) 1 '----.............. i i Ili i), c rsl ...- --- _o ,... 5 , u >\ . , (Only if within last 24 onnt�hs)) EXIS ING ZONING: V EXITING LAND U : l�U3 GL iI lA'L- ADJA EN i U ' AND ZON 1 NORT • ]vi1� '�VI S�`t �-1 � l I )2--- SOUTH: I 1 ) EAST► &) ( 5r7 `, WEST:Jk I c () )am`52_, IVI� PARKING S ALLS PROVIDED: k/5T�`\r) 1� EXISTING USE DOES( DOES NOT( )COMPLY WITH. NING REGULATIONS PLUMBING FIXTURE PROVIDED: WOMEN'S W D TL�� MEN'S '0114/1 .Q' °` ( r W G 0 e-t ODA& DATE SUBJECT PROPERTY WAS POSTED: \D' 0' V )/ 4 v (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:CS DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: D -f (State Law) DISTANCE OF OP D LICENSE TO ANY CHURCH ()/-- SCHOOL 0RASP 6 r--- HOME FOR THE A,G D, GENT R VETERANS /7 / COLLEGE OR UNIVERSITY t1 �' T (Authorized Signature) (Date) ermitted by law. 25. BROKERS. The brokers involved in this transaction are: Mike Kaufman and Seth Campbell from CB Richard EUisJMEGA for Landlord. No broker(s)for Tenant. 26. RULES AND REGULATIONS. Tenant shall comply with all rules and regulations that Landlord may apply to the Premises. Landlord reserves the ability to amend,change or add to such rules and regulations from time to time. 27. SIGNAGE. Tenant shall possess its pro-rate signage share on the building. Tenant shall be allowed to place "Coming Soon" and "Now Open" banners on the Premises thirty days prior and subsequent to its opening, respectively. Tenant shall also be allowed from time to time to place promotional banners in the yard. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 9 attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate (the"New Premises"),provided that the New Premises shall be Page 6 of 9 's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: Pagc 3 of 9 Page 2 of 9 City of Omaha, NebraskaAipp alret) Ikr. � t , 1819 Farnam Suite LC 1 , t Omaha, Nebraska 68183-0112 ® ,�., Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 o 'TED �����t+�`� June 12, 2012 Heise Properties, Inc. Application for an addition to your present Dba"The Marquee Lounge" Class "C" Liquor License location for a 14805 West Maple Road beer garden approx. 13' x 21' to the north Omaha,NE 68116 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 26, 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, "id; Buster Brown City Clerk BJB:clj OPOSED LICENSE TO ANY EXISTING LICENSE: D -f (State Law) DISTANCE OF OP D LICENSE TO ANY CHURCH ()/-- SCHOOL 0RASP 6 r--- HOME FOR THE A,G D, GENT R VETERANS /7 / COLLEGE OR UNIVERSITY t1 �' T (Authorized Signature) (Date) ermitted by law. 25. BROKERS. The brokers involved in this transaction are: Mike Kaufman and Seth Campbell from CB Richard EUisJMEGA for Landlord. No broker(s)for Tenant. 26. RULES AND REGULATIONS. Tenant shall comply with all rules and regulations that Landlord may apply to the Premises. Landlord reserves the ability to amend,change or add to such rules and regulations from time to time. 27. SIGNAGE. Tenant shall possess its pro-rate signage share on the building. Tenant shall be allowed to place "Coming Soon" and "Now Open" banners on the Premises thirty days prior and subsequent to its opening, respectively. Tenant shall also be allowed from time to time to place promotional banners in the yard. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 9 attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate (the"New Premises"),provided that the New Premises shall be Page 6 of 9 's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: Pagc 3 of 9 Page 2 of 9 11-17y1K) 5 AS NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that HEISE PROPERTIES, INC. DBA "THE MARQUEE LOUNGE" has applied for an ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale beer,wine and liquor] LIQUOR LICENSE LOCATION TO ADD A BEER GARDEN APPROX. 13' X 21' TO THE NORTH located at 14805 WEST MAPLE ROAD The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 26, 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. 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, "id; Buster Brown City Clerk BJB:clj OPOSED LICENSE TO ANY EXISTING LICENSE: D -f (State Law) DISTANCE OF OP D LICENSE TO ANY CHURCH ()/-- SCHOOL 0RASP 6 r--- HOME FOR THE A,G D, GENT R VETERANS /7 / COLLEGE OR UNIVERSITY t1 �' T (Authorized Signature) (Date) ermitted by law. 25. BROKERS. The brokers involved in this transaction are: Mike Kaufman and Seth Campbell from CB Richard EUisJMEGA for Landlord. No broker(s)for Tenant. 26. RULES AND REGULATIONS. Tenant shall comply with all rules and regulations that Landlord may apply to the Premises. Landlord reserves the ability to amend,change or add to such rules and regulations from time to time. 27. SIGNAGE. Tenant shall possess its pro-rate signage share on the building. Tenant shall be allowed to place "Coming Soon" and "Now Open" banners on the Premises thirty days prior and subsequent to its opening, respectively. Tenant shall also be allowed from time to time to place promotional banners in the yard. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 9 attom 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 terms 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 Lease because of any such foreclosure proceedings • 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at CB Richard EllisIMEGA, 11213 Davenport Street, Suite 300, Omaha,NE 68154,and also to Tenant at4909 N. 168m Street,Omaha,NE 61886,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. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. 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