RES 2012-0330 - Addition to Platinum Wine Distributing •
yN Ar o , RECEIVED
fz- STATE OF NEBRASKA
9 e NEBRASKA LIQUOR CONTROL COMMISSION
4 14. / `14%X Att s, ;!= Dave Heineman FEB07 d. r.. .7 Governor 12 CU 3 Hobert B. Rupe
% Executive Director
p vt,c3 _ 301 Centennial Mall South,5th Floor
CITY CLERK P.O.Box 95046
O N'1 A H Q. NEBRASKA, Lincoln,Nebraska 68509-5046
Phone(402)471-2571
Fax(402)471-2814 or(402)471-2374
February 10, 2012 TRS USER 800 833-7352(TTY)
web address:http://www.lcc.ne.gov/
•
City Clerk of Omaha
1819 Farnam LC1
Omaha, NE 68183
RE: Addition to Premise for License Class X 75407
Dear Clerk:
The licensee Platinum Wine Distributing Inc DBA Platinum Wine Distributing located at
10912 Prairie Brook Road, Unit 3 (Douglas County) has requested an addition to premise (See
Attached Diagram). The description for the new license will be read as follows unless changed
by State Patrol: One story irregular shaped building approx 81 x 100.
Please review the enclosed description diagram and present this reconstruction to
premise request to the Council for consideration and return the results to the Nebraska Liquor
Control Commission office. If you should have any questions, please feel free to give me a call
at (402) 471-4881.
Sincerely,
el. IL\
Jackie B. Matulka
Licensing Division
Enclosure
pc: File
•
Janice M.Wiebusch Robert Batt William F.Austin
Commissioner Chairman Commissioner
An Equal Opportunity/Affirmative Action Employer
Printed with soy ink on recycled paper
• I
APPLICATION FOR ADDITION
TO LIQUOR LICENSE Office Use
RECEIVED
NEBRASKA LIQUOR CONTROL COMMISSION
301 CENTENNIAL MALL SOUTH
PO BOX 95046 FEB 9 2012
LINCOLN,NE 68509-5.046
PHONE: 402))47I-28�571 NEBRAS IQUOR
FAX(402)471 2814 -
Website: www.lcc.ne.gov CONTROLCOMMISSION
Application:
Must include processing fee of$45.00 made'Sayable to Nebraska Liquor Control Commission
•. Must include'a copy of the lease or deed showing ownership of area to be added
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 square feet),direction north. No blue prints.
••• May include a letter of explanation
175407 /
LIQUOR LICENSE#
LICENSEE NAME Platinum Wine Distributing,Inc
TRADE NAME Platinum Wine Distributing •
PREMLSE ADDRESS
10912 Prairie Brook Road Vn
Omaha
CITY s NE 68/44 -_.____� -_
Steven Drehsen
CONTACT PERSON
402-203-1867 re1vl)/S�
PHONE NUMBER OF CONTACT PERSON _ P
Complete the following questions:
I) Are.you adding on to your building? Li Yes No
• Include a sketch of the area to be added showing:
o existing building •
� .
O outside dimensions(in feet) ildS669/o direction.north
2) Are you adding an outdoor area? E Yes ED No
If an outdoor area(check one of the following)
0 012.07"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,horseshoe pits...)
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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?
• Include a sketch of the area to be added showing:
o existing building
o outside dimensions(in feet)
o direction north RECEIVED
FEB 9 Z012
NEBRASKA LIQUOR
s-r vr1.N , Def15 " CONTROL COMMISSION
Print Name of SignatureMA)P/14 60444 •
Signature of Licensee or Ofcer
•
State of Nebraska •
•
County of LJtflx
J -
The forgoing instrument was acknowledge before
me this /-e
nat(e
Vu` -7eti/
Notary Public Signature
Mflx.Seal Here
A GENERAL NOTARY-State of Nebraska
• DOREEN M.REHUREK
_ice My Comm.Exp.April 2,2014
2
67 re1vl)/S�
PHONE NUMBER OF CONTACT PERSON _ P
Complete the following questions:
I) Are.you adding on to your building? Li Yes No
• Include a sketch of the area to be added showing:
o existing building •
� .
O outside dimensions(in feet) ildS669/o direction.north
2) Are you adding an outdoor area? E Yes ED No
If an outdoor area(check one of the following)
0 012.07"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,horseshoe pits...)
OCt
1200001625
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FEB 9 2012
. NEBRASKA LIQUOR
LEASE EXTENSION AGREEMENT CONTROL COMMISSION
THIS AGREEMENT enteed into this 11.) day of January, 2012,
by and between Rockbrook Village Shopping Center, Inc. and
Rockbrook Village, Inc. (hereinafter referred to as "Landlord") ,
and Platinum Wine Distributing, Inc. , (hereinafter referred to as
_ ,
"Tenant") .
WITNESSETH:
WHEREAS, the parties have leased the Premises pursuant to a
Storage Space Lease dated November 30, 2006, a Lease Addendum dated
December 15, 2006, a Lease Addendum dated February 7, 2007, and a
Lease Extension Agreemen dated February 7, 2007, a Common Area
Agreement dated February 7, 2007, a Lease Addendum dated September
26, 2007, and a Lease Ext nsion Agreement dated March 25, 2009; and.
WHEREAS, the Tenant also exercised the Lease Option in the
Storage Space Leasedated November 30, 2006 per written
notification on February115, 2008, as well as the Lease options in
the March 25, 2009, Lease Extension Agreement per written
notification on April 20J 2009, and December 6, 2010; and
WHEREAS, the Premises in the original Lease consisted of 884
square feet and was thereafter amended to consist of 3, 286 square
feet; and
WHEREAS, the Landlord and Tenant desire to extend the Shopping
Center Lease term for three (3) years under the terms and
conditions of the Storage Space Lease dated November 30, 2006,
except as modified herein; and
WHEREAS, the Tenant desires to expand one full bay to the west
of 1, 538 square feet and take over the 289 square feet space to the
north of the original space.
NOW, THEREFORE, in consideration of the mutual terms and
conditions herein and the mutual undertakings herein, the parties
agree as follows:
1 . The term of the lease extension shall be from December 1,
2011, to November 30, 2014 .
2 . The basic monthly rental provided for in SECTION TWO RENT
of the original Lease is amended as follows:
Period Rate
a. From December 1, 2011 $2, 130. 42 per month
to May 31, 2013 ($5. 00 x 5, 113 sq. ft. )
b. From June 1, 2013 $2, 194 . 33 per month
to November 30, 2014 ($5. 15 x 5, 113 sq. ft. )
3. The Tenant shall not pay full rent on the 5, 113 square
feet until the space is (a) constructed, and (b) Tenant has
obtained his regulatory approval of the space. Until such time as
the two items above are completed, Tenant shall only pay rent on
the existing 3, 276 square feet.
4 . A mailbox shall be located on the exterior of the door on
the east end of the property in order to receive mail. The address
associated with the mailbox is 10904 Prairie Brook Road, Omaha,
Nebraska 68144 . Tenant shall continue to insure the interior
premises as described in the Lease.
5. During the term of this Extension Agreement, Tenant shall
have the right to vacate the space in the event that its business
(1) needs change so as to require public access to the space as
well as direct access to a restroom and mop sink, or (2) the Tenant
needs to expand its space beyond the size of its current operation
and expansion capabilities contained in Section 3 above. The
Tenant shall present the Landlord with written notice three (3)
months prior to vacating the space. Landlord shall have the right
to (1) build said restrooms and mop sink, or (2) provide additional
square feet so as to accommodate the Tenant. Upon written notice
from the Tenant, Landlord shall notify Tenant within 10 days if it
will elect to (1) build the restrooms and mop sink, or (2) provide
additional square feet. If no notice is sent, then the Tenant may
vacate at the end of the three months.
6. In all other regards the lease terms and conditions are
agreed to as contained in the original Lease and remain in full
force and effect.
IN WITNESS WHEREOF, the parties have entered into this
extension on the above date first written.
ROCKBROOK VILLAGE SHOPPING CENTER,
INC. and ROCKBROOK VILLAGE, INC. ,
Landlord
By: —t4°
Carolyn ue Myers, esident
PLATINUM WINE DISTRIBUTING, INC. ,
Tenant
By: j'W14)64)01q
Steve Drehsen, Predent
2
31, 2013 ($5. 00 x 5, 113 sq. ft. )
IS),1$4
FED
STATE OF NEBRASKA ) Ai," ,g ,
COUNTY OF
DOUGLAS ) s s. �®�,o�,,���-��� `�jZ
I, [ ems,__ f-�- , a Notary Pu 9� �p nd
for said County in the State aforesaid, do hereby certi ® ,at
Carolyn Sue Myers, President of Rockbrook Village Shopping Cent'r,
Inc. and Rockbrook Village, Inc. , Nebraska Corporations, personally
known to me to be the same person whose name is subscribed to the
foregoing instrument appeared before me this day in person and
acknowledged that she signed and delivered the said instrument as
her own free and voluntary act and the free and voluntary act of
said corporations, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 0,9,7 _ day of
January, 2012.
(.7)
Notary Public
STATE OF NEBRASKP, ) 14. GENEDOREEN MStREHUREK
Nebraskaate of
) s s. My Comm.Exp.April 2,2014
COUNTY OF DOUGLAS
I,
n/ L 4 Z4,4-4: , a Notary Public in and
for said County in the State aforesaid, do hereby certify that,
Steve Drehsen, President of Platinum Wine Distributing, Inc. ,
personally known to me to be the same person whose name is
subscribed to the foregoing instrument appeared before me this day
in person and acknowledged that he signed and delivered the said
instrument as his own free and voluntary act and the free and
voluntary act of said corporation, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this 41 day of
January, 2012 .
.41,A-„YL
Notary Public
GENERAL NOTARY-State of Nebraska
DOREEN M.REHUREK
_ p:®.. My Comm.Exp.April 2,2014
•
3
entered into this
extension on the above date first written.
ROCKBROOK VILLAGE SHOPPING CENTER,
INC. and ROCKBROOK VILLAGE, INC. ,
Landlord
By: —t4°
Carolyn ue Myers, esident
PLATINUM WINE DISTRIBUTING, INC. ,
Tenant
By: j'W14)64)01q
Steve Drehsen, Predent
2
31, 2013 ($5. 00 x 5, 113 sq. ft. )
4
GUARANTY
In consideration of, and as an inducement for the granting
execution and delivery of the foregoing Lease Extension Agreement
dated the day of January, 2012, (hereinafter called the
"Lease") , by Rockbrook Village Shopping Center, Inc. and Rockbrook
Village, Inc. , the Landlord therein named (hereinafter called the
"Landlord") to Platinum Wine Distributing, Inc. , the Tenant therein
named (hereinafter called the "Tenant") , and in further
consideration of the sum of One Dollar ($1. 00) and other good and
valuable consideration paid by the Landlord to the undersigned, the
undersigned, jointly and severally, (hereinafter called the
"Guarantor") , hereby guarantees to the Landlord, its successors,
and assigns, the full and prompt payment of rent, including, but
not limited to, the fixed minimum rent, common area charge,
percentage rent, additional rent and any and all other sums and
charges payable by the Tenant, its successors and assigns under
said Lease, and full performance and observance of all the
covenants, terms conditions and agreements therein provided to be
performed and observed by the Tenant, its successors and assigns;
and the Guarantor hereby covenants and agrees to and with the
Landlord, its successors and assigns, that if default shall at any
time be made by the Tenant, its successors and assigns, in the
payment of any such rent, payable by the Tenant under said Lease,
or in the performance of any of the terms, covenants, provisions or
conditions contained in said Lease, the Guarantor will forthwith
pay such rent to the Landlord, its successors and assigns, and any
arrears thereof, and will forthwith faithfully perform and fulfill
all of such terms, covenants, conditions and provisions, and will
forthwith pay to the. Landlord all damages that may arise in
consequence of any default by the Tenant, its successors and
assigns under said Lease, including, without limitation, all
reasonable attorneys ' fees incurred by the Landlord or caused by
any such default and/or by the enforcement of this Guaranty.
This Guaranty is an absolute and unconditional Guaranty of
payment and of performance. It shall be enforceable against the
Guarantor, its successors and assigns, without the necessity for
any suit or proceedings on the Landlord' s part of any kind or
nature whatsoever against the Tenant, its successors and assigns,
and without the necessity of any notice of non-payment, non-
performance or non-observance or any notice of acceptance of this
Guaranty or any other notice or demand to which the Guarantor might
otherwise be entitled, all of which the Guarantor hereby expressly
waives; and the Guarantor hereby expressly agrees that the validity
of this Guaranty and the obligations of the Guarantor hereunder
shall in no way be terminated, affected or impaired by reason of
the assertion or the failure to assert by the Landlord against the
Tenant, or the Tenant' s successors and assigns, of any of the
4
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rights or remedies reserved to the Landlord pursuant to the
provisions of the said Lease.
The Guaranty shall be a continuing Guaranty, and the liability
of the Guarantor hereunder shall in no way be affected, modified or
diminished by reason of any assignment, renewal, modification or
extension of the Lease or by reason of any modification or waiver
of or change in any of the terms, covenants, conditions or
provisions of said Lease, or by reason of any extension of time
that may be granted by the Landlord to the Tenant, its successors
or assigns, or by reason of any dealings or transactions or matter
or things occurring between the Landlord and the Tenant, its
successors or assigns, whether or not notice thereof is given to
the Guarantor.
DATED this day of January, 2012. 1•1&.1
GUARANTOR �/� FFB 9CON ZO
ii184 ( -4/41/11 4 "Q /�, 00
t rehsen r:s
A.
gv
STATE OF NEBRASKA
ss.
COUNTY OF DOUGLAS
I, jOs-r&„ ,.c , a Notary Public in and
for said County in the State aforesaid, do hereby certify that
Steve Drehsen, personally known to me to be the same person whose
name is subscribed to the foregoing instrument appeared before me
this day in person and acknowledged that he signed and delivered
the said instrument as his own free and voluntary act, for the uses
and purposes therein set forth.
GIVEN under my hand and notarial seal this day of
January, 2012 .
Notary Public
GENERAL NOTARY-Stale of Nebraska
DOREEN M.REHUREK
-�, - My Comm.Exp.April 2,2014
5
its successors and assigns, and any
arrears thereof, and will forthwith faithfully perform and fulfill
all of such terms, covenants, conditions and provisions, and will
forthwith pay to the. Landlord all damages that may arise in
consequence of any default by the Tenant, its successors and
assigns under said Lease, including, without limitation, all
reasonable attorneys ' fees incurred by the Landlord or caused by
any such default and/or by the enforcement of this Guaranty.
This Guaranty is an absolute and unconditional Guaranty of
payment and of performance. It shall be enforceable against the
Guarantor, its successors and assigns, without the necessity for
any suit or proceedings on the Landlord' s part of any kind or
nature whatsoever against the Tenant, its successors and assigns,
and without the necessity of any notice of non-payment, non-
performance or non-observance or any notice of acceptance of this
Guaranty or any other notice or demand to which the Guarantor might
otherwise be entitled, all of which the Guarantor hereby expressly
waives; and the Guarantor hereby expressly agrees that the validity
of this Guaranty and the obligations of the Guarantor hereunder
shall in no way be terminated, affected or impaired by reason of
the assertion or the failure to assert by the Landlord against the
Tenant, or the Tenant' s successors and assigns, of any of the
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City of Om Webraskamr.ifrviiko
(0,101A,
`1/ '��
1819 Farnam—Suite LC 1 d
Omaha, Nebraska 68183-0112 0�: I : �'
Buster Brown (402) 444-5550
City Clerk . FAX (402) 444-5263 o4TFn FE131°4 A
February 22, 2012
Platinum Wine Distributing, Inc. Application for an addition to your present
Dba"Platinum Wine Distributing" Class "X " Wholesale Liquor License
10912 Prairie Brook Road of areas approx. 25' x 81' to the west and
Unit 3 15' x 18' to the north
Omaha, NE 68144
Dear Liquor License Applicant:
This letter is notification that a hearing before the Omaha City Council on your
application for an addition has been set for March 6, 2011 . 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. You may wish to attend the hearing if
you have any pertinent information you feel the Council will need for their
recommendation.
Sincerely yours,
,e44;1*
Buster Brown
City Clerk. .
BJB:clj
I, jOs-r&„ ,.c , a Notary Public in and
for said County in the State aforesaid, do hereby certify that
Steve Drehsen, personally known to me to be the same person whose
name is subscribed to the foregoing instrument appeared before me
this day in person and acknowledged that he signed and delivered
the said instrument as his own free and voluntary act, for the uses
and purposes therein set forth.
GIVEN under my hand and notarial seal this day of
January, 2012 .
Notary Public
GENERAL NOTARY-Stale of Nebraska
DOREEN M.REHUREK
-�, - My Comm.Exp.April 2,2014
5
its successors and assigns, and any
arrears thereof, and will forthwith faithfully perform and fulfill
all of such terms, covenants, conditions and provisions, and will
forthwith pay to the. Landlord all damages that may arise in
consequence of any default by the Tenant, its successors and
assigns under said Lease, including, without limitation, all
reasonable attorneys ' fees incurred by the Landlord or caused by
any such default and/or by the enforcement of this Guaranty.
This Guaranty is an absolute and unconditional Guaranty of
payment and of performance. It shall be enforceable against the
Guarantor, its successors and assigns, without the necessity for
any suit or proceedings on the Landlord' s part of any kind or
nature whatsoever against the Tenant, its successors and assigns,
and without the necessity of any notice of non-payment, non-
performance or non-observance or any notice of acceptance of this
Guaranty or any other notice or demand to which the Guarantor might
otherwise be entitled, all of which the Guarantor hereby expressly
waives; and the Guarantor hereby expressly agrees that the validity
of this Guaranty and the obligations of the Guarantor hereunder
shall in no way be terminated, affected or impaired by reason of
the assertion or the failure to assert by the Landlord against the
Tenant, or the Tenant' s successors and assigns, of any of the
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