RES 2011-0202 - Addition of sidewalk café area to Stokes Grill & Bar RECEIVED STATE OFNEBRASKA
Dave Heineman � $ „o , =NEBRASKA LIQUOR CONTROL COMMISSION
Governor ""''` L" �'' Hobert B Rupe — Executive Director
301 Centennial Mall South, 5`h Floor
CITY CLERK P.O. Box 95046
OMAHA, NEtiP' KtK Lincoln, NE 68509-5046
Phone (402] 471-2571
Fax(402)471-2814
TRS USER 800 833-7352(TTY)
January 27, 2011 Web address:http://www.lcc.ne.gov/
OMAHA CITY CLERK
1819 FARNAM STREET LC-1
OMAHA NE 68183
RE: Addition to Premise for License Class C - 76914
Dear Clerk:
The licensee Stokes, LLC DBA Stokes Grill & Bar, located at 1122 Howard Street in Omaha has
requested an addition to premise/reconstruction. (See Attached Diagram). The description for the new
license will read as follows unless changed by State Patrol: FIRST FLOOR OF FIVE STORY BLDG, AREA
APPROX 64' X 108',INCLUDING IRREGULAR SHAPED AREA IN BASEMENT APPROX 42' X 42', 81 "L"
SHAPED OUTDOOR AREA 10' X 108' LOCATED ON THE WEST SIDE OF BLDG AND SIDEWALK
CAFÉ APPROX 21'X 10'X ON SOUTH SIDE OF BLDG.
Please review the enclosed description diagram and present this addition 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] 471-2821.
Sincerely,
L censin_ Division
Enclosure
pc: File
Janice Wiebusch Bob Logsdon Robert Batt
Commissioner Chairman Commissioner
An Equal Opportunity/Affirmative Action Employer
LIQUOR LICENSED ESTABLISHMENT HISTORY
LICENSE #C 76914
STOKES, LLC 1122 HOWARD STREET 68102 408-9000
DBA STOKES GRILL & BAR MAIL: 2242 SOUTH 156TH CIRCLE 68130
NLCC ORDERS
OTHER ACTIVITIES
06-12-07 -RES #710 APP READ -AMENDMENT (TO ACCEPT A NEW DIAGRAM FOR THE
OUTDOOR SEATING AREAO -GRANT AS AMENDED * 03-01-11 -REQ ADD OF AN AREA
APPROX 22'X 108'AND A SIDEWALK CAFE APPROX 21'X 10'TO THE SOUTH *
LICENSED PREMISES
FIRST FLOOR OF 5 STY BLDG, AREA APPROX 42'X 108', INCLUDING IRREGULAR
SHAPED AREA IN BASEMENT APPROX 42'X 42', & L-SHAPED OUTDOOR AREA 10'X 108'
LOCATED ON THE WEST SIDE OF BLDG
OFFICERS:
MEMBER/MGR -JOHN URSICK, 7636 GLENVALE DR, 68134 (H) 558-7143 (W). 498-0804 *
PRES -GAYLE CARSTENS, 2126 NO 160TH STR, 68116 (H) 496-0117 * SHAREHLDR -
RESTAURANTS, INC * CORP ADDRESS & PHONE # -14529 W CENTER RD, 68144 #697-
0057 * JOHN WADE -212-3586 * (2008-2009 RENEWAL OLD -SHAREHLDR -JODY
CARSTENS)
IN BASEMENT APPROX 42' X 42', 81 "L"
SHAPED OUTDOOR AREA 10' X 108' LOCATED ON THE WEST SIDE OF BLDG AND SIDEWALK
CAFÉ APPROX 21'X 10'X ON SOUTH SIDE OF BLDG.
Please review the enclosed description diagram and present this addition 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] 471-2821.
Sincerely,
L censin_ Division
Enclosure
pc: File
Janice Wiebusch Bob Logsdon Robert Batt
Commissioner Chairman Commissioner
An Equal Opportunity/Affirmative Action Employer
s, �r}yI
•
APPLICATION FOR ADDITION
TO LIQUOR LICENSE Office
���s�COMMISSION JAN 2 6 2011
Po BOX 95046
UNCOI.N,NE 68509-5046 JEBRASKA LIQUOR
PHONE:(402)4714571
FAX:(402)471-2814 CONTROL COMMISSION
Webstte: www.kc.ee.gov
Application:
• Must include processing fee of$45.00 made payable 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. S
• May include a letter of explanation
LIQUOR LICENSE 7 t°9/
LICENSEE.NAME
_ To it s/ G.GG.
S?"o
TRADE NAME 4 1L L R r' 3 A R.
PREMISE ADDRESS_._z._�_.._ .-- -
CITY ----- --0 A .- ,
CONTACT PERSON
PHONE NUMBER OF CONTACT PERSON . - 3 7-0 - 4-7 O
Complete the following questions:
1) Are you adding on to your building? Yes Q 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? Yes an 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...)
01111001110
ud,-/-no-) p -
1100001502
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? S TE' L. • -r '
- - -
70"
• Include a sketch of the area to be added showing:
o existing building •
o outside dimensions(in feet)
• o direction north
eN. WeS 741(
,-
Print Name of Signature
•
1111 Signature of Licensee or Officer
State of Nebraska
County of °(44,Lact- 5
•
The forgoing brument was acknowledge before s
me this n xvi
1 Date
ry Public Signature
"1 Seal G5NERAL NOTARY•State of Nobraskal
SUSAN M.BAKER
ISEte° Comr.L.Lrayil 28,2012
• 41
2
1) Are you adding on to your building? Yes Q 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? Yes an 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...)
01111001110
ud,-/-no-) p -
1100001502
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BUSINESS PROPERTY LEASE _
•
This Lease is entered into this / 'day of April, 2007, between JHVI @t;cdO braska
limited liability company, Landlord, and Stokes, LLC, a Nebraska limited liability company,
Tenant. NitiO GA"'
1. Premises. On the terms and onditions set forth in this Lease, Landlord leases to
Tenant the eal property located at 4 : and 1122] Howard Street, Omaha, Nebraska (the
"Premises"), ontaining approximately , :: square feet of area on the ground floor and
approximately , square feet of area on the basement floor, as more particularly identified on
Exhibit A attached hereto, which Premises are part of that certain building known as JHD
Building (the `Building"). The actual square footage of the Premises shall be determined by
measurement performed by Tenant's architect. In addition to the Premises, Tenant shall enjoy the
nonexclusive use of any automobile parking areas, access roads, driveways, walkways, sidewalks,
stairwells, hallways, elevators, entrance and exit doors, and other common areas (referred to herein
as the "Common Areas") furnished by Landlord in or for the benefit of the Building, subject to
control and reasonable regulation by Landlord. Landlord represents and covenants to Tenant that
Tenant will have access to the portion of the Premises on the basement floor through Common
Areas adjacent to the Premises on the ground floor.
2. Term. The initial term of this Lease shall be for a period-of five(5)years-after the
Commencement Date (hereinafter defined), unless terminated earlier as provided in this Lease.
The term of this Lease and the obligations of Tenant to pay rent shall commence a) on the date
upon which Tenant shall first open for business to the general public at the Premises or b) 165
days after Landlord delivers possession of the Premises to Tenant, following the removal by
Landlord of all existing leasehold improvements, tenant fixtures and other personal property
from the Premises, whichever first occurs. Landlord shall deliver the Premises as above
required, no later than April 30, 2007. Tenant shall have the option to extend the term of this Lease
for.four(4) separate renewal periods of five (5) years each by giving written notice to Landlord of
the exercise of such option at least 180 days prior to the expiration of the initial term of this Lease or
current renewal period.
3. Use of Premises. The Premises are leased to Tenant, and may be used by Tenant,
for the purpose of operating a full service restaurant including the sale of liquor for consumption
on and off of the Premises 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, to keep the Premises in a clean and sanitary condition, to keep the Premises and all
adjacent sidewalks and approaches thereto in a safe condition free and clear of ice and snow and
debris which may be dangerous to the public.
4. Rent.
a. Base Rent. The annual Base Rent for the Premises shall be a combination
of the annual rental for the portion of the Premises on the ground floor and the annual rental for opp
the portion of the Premises on the basement floor. The annual rental for the first lease year under
this Lease for the portion of the Premises on the ground floor shall be computed at the annual
. rate of$23.00 per square foot and such annual rate shall increase by two percent (2%) over the
prior lease year for each lease year thereafter, including the renewal periods. The annual rental
for the initial 5-year term of this Lease for the portion of the Premises on the basement floor shall
be computed at the annual rate of$6.00 per square foot and such annual rate shall increase by
$0.50 per square foot at the beginning of each 5-year renewal period. Tenant agrees to pay rent
to Landlord at 8724 West Dodge Road, Omaha, NE 68114, 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. Notwithstanding anything to the contrary set forth in this Lease,
Base Rent shall be reduced by the credits to which Tenant is entitled as provided in Exhibit B
attached to this Lease.
b. Additional Rent. In addition to the Base Rent, Tenant shall pay a pro rata
share of the real estate taxes and special assessments (spread out over the longest period allowed
for the payment of such special assessments) levied upon the Building, the insurance costs
incurred by Landlord with respect to the Building(collectively the"Reimbursable Expenses").
"Tenant's pro rata share" shall mean the percentage determined by dividing the
square feet of the Premises by the total square feet of floor space in the Building other than the
Common Areas. Tenant's pro rata share of the Reimbursable 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.
Tenant shall pay, on the first of each month, one-twelfth of Tenant's estimated pro rata share of
the Reimbursable Expenses. At the end of each year, an analysis of the total year's Reimbursable
Expenses shall be presented to Tenant and Tenant shall pay the amount, if any, by which the
Tenant's pro rata share of the Reimbursable Expenses for the year exceeded the amount of the
Reimbursable Expenses paid by Tenant. Tenant shall pay any such excess charge to Landlord
within thirty (30) days after receiving the statement. Any overpayment of Reimbursable
Expenses by Tenant shall be applied to the amounts next due Landlord from Tenant under this
Lease or, if at the expiration of this Lease, any remaining overpayment shall be refunded to
Tenant. In the event this Lease terminates at any time other than the last day of the year, any
underpayment or overpayment of Tenant's pro rata share of Reimbursable Expenses shall be
determined as of the date of termination.
c. Payment of Rent. Tenant agrees to pay the Base Rent as and when due,
together with Tenant's share of the Reimbursable 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.
5. Utilities. Landlord represents and warrants to Tenant that publicly supplied water,
will be separately
to the Premises and each i
gas, electricity and sewer services are availablep Y
metered for the Premises. Landlord shall provide an adequate space within the alley adjoining the
north side of the Building for Tenant's trash dumpster. Tenant, at its expense, shall be
responsible for removing all trash generated from its Premises and to collect the same in Tenant's
dumpster and to have it removed on a current basis. Tenant shall pay when due, all water, gas,/
.644
electricity, sewer use fees, incurred at or chargeable to the Premises. Landlord shall permit
Tenant to install adequate equipment for ventilation of food odors and HVAC through Common
Areas adjoining the ground floor of the Premises and exiting the north wall of the Building or, if
necessary, through duct work ventilating exhaust through all floors above the Premises and out
the roof.
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 consent shall not be unreasonably withheld
or delayed. Landlord may consider the following in determining whether to withhold consent:
(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 reserved hereunder.
7. Tenant's Improvements. Except as otherwise provided in this Lease, Tenant shall
make all necessary improvements, to the Premises to operate Tenant's business including, but
not limited to, those items described in Exhibit B and exterior signage on the Building ("Tenant's
Work"). Tenant's Work shall comply with all applicable statutes, ordinances, regulations, and
codes. Tenant shall perform Tenant's Work in substantial compliance with plans approved in
advance by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant
understands that the Building will be subject to certain architectural and other restrictions, and it
shall not be considered to be unreasonable for Landlord to withhold its consent to the installation
of any exterior improvements or Tenant signage in order to insure compliance with such
restrictions or to protect and preserve the structural elements of the Building. Except for
Landlord's reimbursement of Tenant's Work as described in Exhibit B and except for the credits
to be applied to Tenant's rental obligations as described in Exhibit B. Tenant's Work shall be at
Tenant's cost. Landlord will cooperate to allow for maximum exterior signage expression by
Tenant with the City of Omaha. After completion of Tenant's Work, Tenant shall have the right
at its own expense to construct non-load bearing walls and place partitions and trade fixtures and
make leasehold improvements or other alterations in the interior of the Premises without
Landlord's approval,but with prior notice to Landlord.
8. Repairs. Landlord agrees, at its own cost and expense, to maintain in good
condition and repair and replace as necessary the foundations, exterior walls and the roof of the
Premises, and such other structural improvements to the Building, including utility and sewer
lines and connections up to the Premises, load-bearing walls and floor slab, as such structural
improvements existed upon the date of execution of this Lease.
Tenant agrees that it will make, at its own cost and expense (except to the extent provided
in Exhibit B), 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 heating, air conditioning, plumbing and electrical systems servicing the Premises.
Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during
the term of this Lease at its own cost and expense, to pay for any repairs to the Premises or the
Building made necessary by any negligence or carelessness of Tenant or any of its agents or /
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.644
•
•
employees or contractors, and to maintain the Premises in a safe, clean, neat, and sanitary
condition.
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. Except as provided herein, by taking possession of the
Premises Tenant acknowledges that the Premises were in good and satisfactory condition when
possession was taken, subject to latent defects if any. Tenant shall, at the termination of this
Lease, by lapse of time or otherwise, remove all of Tenant's trade fixtures and personal property
and surrender the Premises to Landlord in as good a 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 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 Premises, unless caused by the negligence of Landlord or its
employees, agents or contractors. 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 setoff or abatement
of rent, Landlord shall have the right to (i) at reasonable times, to decorate, and to make, at its
own expense, repairs, alterations, additions, and improvements, structural or otherwise, in or to
the Building, or any part thereof other than the Premises, and any adjacent building, land, street,
or alley, and during such operations to take into and through the Common Areas all materials
required, and to temporarily close or suspend operation of entrances, doors, corridors, elevators,
or other facilities in the Common Areas to do so; (ii) possess passkeys to the Premises; (iii)take
any and all reasonable measures, including inspections or the making of repairs, alterations, and
additions and improvements to the Premises, which Landlord deems necessary or desirable for
the safety, protection, operation, or preservation of the Premises or the Building; and (iv)
approve all sources furnishing signs, painting, and/or lettering to the exterior of the Premises,
and all signs to be placed on the Building prior to installation thereof.
12. Insurance. Landlord shall carry in addition to casualty insurance upon the
Building, general liability insurance on the Building and common areas in the same amount
required by Tenant to be carried under Section 14 below. Tenant shall be an additional insured.
Tenant shall not use or occupy the Premises or any part thereof in any manner which could
invalidate any policies of insurance given to Tenant prior to the execution of this Lease or
increase the risks covered by insurance on the Building or necessitate additional insurance
premiums or policies of insurance above that normally applicable to the permitted use of the
Premises, even if such use may be in furtherance of Tenant's business purposes. In the event /"��
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s or /
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.644
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such policies of insurance are invalidated by acts or omissions of Tenant, LandlA h t,have the
, right to charge Tenant for extra insurance premiums required on the Building Roggoutiagitale
increased risk caused by Tenant's use and occupancy of the Premises abRAtiNtoutfilliS19N
applicable to the permitted use 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 loss or theft of property which shall occur on or within the Premises, 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 insurance in 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 comprehensive insurance shall protect and name the Tenant as
the insured and Landlord as an additional insured, and shall provide general liability coverage of
at least $3,000,000 combined aggregate, and $100,000 for damage to property, for claims 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 sidewalks and other Common Areas 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
is 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. If, during the term of this Lease,the Premises
shall be so damaged by fire or any other cause 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. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
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deemed cancelled as of the date of the damage. Such damage shall not extender i Qi}'this
. Lease.
NESPASM LIQUOR
T e COMMISSION uic
16. Condemnation. If the whole or any part of the Premises shag me iy p
authority under the power of eminent domain, then the term of this Lease 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, Landlord and Tenant shall be entitled to
pursue all claims available to either of them, independent of any action by the other, against any
such public authority, provided any claim by Tenant shall not impair, reduce or negatively affect
Landlord's claim.
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 Base Rent or Additional Rent when
due hereunder;
b. If Tenant vacates or abandons the Premises;
c. If Tenant files a petition in bankruptcy or insolvency or for reorganization
under any bankruptcy act, or voluntarily takes advantage of any such act by answer or otherwise,
or makes an assignment for the benefit of creditors;
d. If 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 and if such nonperformance shall continue for a period of thirty (30) 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.
fir Ofdt
6
premium cost thereof.
15. Damage by Fire or Other Casualty. If, during the term of this Lease,the Premises
shall be so damaged by fire or any other cause 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. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
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b. Landlord may retake the Premises and may terminate this Eiggrgergiving
written notice of termination to Tenant. Without such notice, Landlord's retaking will not
terminate this Lease. On termination, Landlord may recover from Te I_ 1 ages
proximately resulting from the breach, including the cost of recovering the re �es-and the
present value (determined using a rate of 8%per annum) difference between deatilitkititOibiRhe
balance of the term of this Lease, as though this Lease had not been god ull>IS61
reasonable rental value of the Premises, 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 are commercially reasonable. 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 reasonable expenses of the reletting, for
any alterations and repairs made, and for the present value of the rent due for the balance of the
term of this Lease, 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 subparagraph, Landlord shall
pay such excess to Tenant, but only to the extent Tenant has actually made payment pursuant to
this subparagraph.
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 1.5 times the monthly rent specified in this
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, provided that any
mortgagee, trustee or ground lessor holding such lien or encumbrance shall recognize this Lease
of Tenant in the event of foreclosure if Tenant is not then in default.
In the event any proceedings are brought for the foreclosure of any mortgage on the
Premises, Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser
as 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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
\w(7,
acknowledgement 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 to terminate this
Lease because of any such foreclosure proceedings, provided tenant retains the right to terminate
this Lease because of Landlord's failure to cure a breach of this Lease within the applicable cure
period.
21. Notices. Any notice to be given hereunder shall be given in writing and sent by
registered or certified mail.
If to Landlord: Mahmoud Feddin
8724 West Dodge Road
Omaha,NE 68114
If to Tenant: c/o Restaurants, Inc.
14529 West Center Road
Omaha,NE 68144
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. Permits and Approvals. The commencement of this Lease is expressly contingent
upon Tenant's ability to secure all required licenses, permits and approvals from applicable
governmental authorities which are necessary for it to operate its business (including but not
limited to a license permitting the sale of liquor, wine and beer for on-premises and off-premises
consumption); otherwise, Tenant may elect to terminate this Lease upon ten (10) days' written
notice to Landlord. In no event shall Tenant have the right to terminate this Lease for reasons
defined in this paragraph after the Commencement Date.
23. Rules and Regulations. Tenant and Tenant's agents, employees and invitees shall
fully comply with all rules and regulations of the Building, as reasonably amended from time to
time, which are made a part of this Lease as if fully set forth herein. Landlord shall have the
right to amend such rules and regulations as Landlord deems necessary or desirable for the
safety, care, cleanliness, or proper operation of the Premises and the Building.
24. Landlord's Indemnification of Tenant. Landlord shall indemnify, defend and
protect Tenant, its members, officers, employees, and agents against and hold them harmless
from and against any and all claims, demands, judgments, damages, actions, causes of actions,
injuries, administrative orders, consent agreements, and orders, liabilities or losses; penalties,
costs, and expenses of any kind whatsoever arising out of the existence of any hazardous
1
M
ffilC
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, provided that any
mortgagee, trustee or ground lessor holding such lien or encumbrance shall recognize this Lease
of Tenant in the event of foreclosure if Tenant is not then in default.
In the event any proceedings are brought for the foreclosure of any mortgage on the
Premises, Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser
as 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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
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materials or substances (including, without limitation, asbestos) in the Building prior to the
Commencement Date.
25. Default by Landlord. Landlord will not be in default under this Lease unless
Landlord fails to perform obligations required by Landlord within a reasonable time, but in no
event later than thirty (30) days after written notice by Tenant to Landlord specifying the nature
of Landlord's failure to perform; provided that, if the nature of Landlord's obligation is such that
more than thirty (30) days are required for performance, Landlord will not be in default if
Landlord begins performance within such thirty (30) day period and diligently prosecutes the
same to completion. In addition to all other rights and remedies available to Tenant, Tenant may
terminate this Lease by reason of Landlord's default, subject to applicable cure periods.
Notwithstanding the applicable cure periods available to Landlord, Tenant's obligation to pay
rents under this Lease shall abate during any period in which Tenant is unable to operate its
restaurant in the Premises due to the breach by Landlord of its covenants, agreements,
representations or warranties under this Lease.
26. Quiet Possession. Upon Tenant's paying the rent for the Premises and observing
and performing all the covenants, conditions, and provisions of this Lease in accordance with its
terms, Tenant will have quiet possession of the Premises for the entire term of this Lease (or any
renewal or extension thereof), subject to all the provisions of this Lease. Landlord will not permit
any use of the Building or any part thereof which could interfere with Tenant's operation of its
restaurant in the Premises, including, without limitation, live or loud music or offensive or
tasteless conduct.
27. Patio and Parking. Landlord agrees to allow Tenant to operate its restaurant
business on a patio to be located on the sidewalk adjacent to the Premises on both Howard Street
and 12th Street, subject to Tenant obtaining all necessary governmental permits and approvals.
The area of the patio shall not be included in the square footage of the Premises for the purposes
of computing Base Rent or Additional Rent, but such area shall otherwise be operated and
maintained by Tenant as if it were included in the Premises. Landlord agrees to assign to Tenant
parking stalls adjacent to the Premises, and Landlord shall not assign to other tenants or
owners of the Building more than parking stalls adjacent to the Building.
28. 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 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
9
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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
\w(7,
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 Ten , £e dl
by Landlord's acceptance of the keys to the Premises or of the rent due here� er,b 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 not define, limit, describe, or construe the contents of such paragraphs.
f. Brokers. Landlord and Tenant each represent and warrant to the other that
no real estate broker has or will represent it in this transaction and that no finder's fees have been
earned by a third party.
g. Applicable Law. This Lease shall be governed by and construed in
accordance with the laws of the State of Nebraska.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and
year first above written.
JHD, LLC
By:
Title:
STOKES, LLC, Tenant
By: Restaurants, Inc. Managing Member
By: .4/14/1
Gayle R. Carstens, President
10
observing
and performing all the covenants, conditions, and provisions of this Lease in accordance with its
terms, Tenant will have quiet possession of the Premises for the entire term of this Lease (or any
renewal or extension thereof), subject to all the provisions of this Lease. Landlord will not permit
any use of the Building or any part thereof which could interfere with Tenant's operation of its
restaurant in the Premises, including, without limitation, live or loud music or offensive or
tasteless conduct.
27. Patio and Parking. Landlord agrees to allow Tenant to operate its restaurant
business on a patio to be located on the sidewalk adjacent to the Premises on both Howard Street
and 12th Street, subject to Tenant obtaining all necessary governmental permits and approvals.
The area of the patio shall not be included in the square footage of the Premises for the purposes
of computing Base Rent or Additional Rent, but such area shall otherwise be operated and
maintained by Tenant as if it were included in the Premises. Landlord agrees to assign to Tenant
parking stalls adjacent to the Premises, and Landlord shall not assign to other tenants or
owners of the Building more than parking stalls adjacent to the Building.
28. 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 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
9
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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
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Exhibit A
Description of Premises
`- St `' �I
o R.-7-4
AMMO
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CONT1OLCOMM91SS10N
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Exhibit B
,:;AN 2 6 AM
Tenant's Work
WIFAR Blom.MUM
'°' O MISSION
Tenant's Work shall include, without limitation, the removal of existing 5ro a glass
and storefront on the west and south side of the Premises and replacement of same with
new glass windows and frames and storefront; all necessary exterior finish including
canopies above windows, front doors and vestibules, emergency exit doors and doors
leading to patio which will become part of storefront; refinish existing building columns
around exterior of the Premises; installation of exterior mounted lights on the Building;
installation of all utility services for the Premises including, electrical, HVAC, gas, water
and sanitary sewer services adequate to serve Tenant's business; and interior build out of
the Premises. Plans for Tenant's Work and Tenant's Contractor shall be subject to
Landlord's prior review and approval which shall not be unreasonably withheld or
delayed.
The following shall apply to Tenant's Work:
a. Tenant and/or its contractor may enter into possession of the Premises for the
purpose of performing Tenant's Work and such possession shall not be deemed an
acceptance by Tenant of the Premises for purposes of the Commencement Date
b. Tenant agrees, at Tenant's expense, to obtain or maintain or cause its contractor to
obtain or maintain builders risk insurance in amounts satisfactory to Landlord, public
liability insurance in the amounts set forth in Paragraph 14 of the Lease and worker's
compensation insurance adequate to fully protect Landlord as well as Tenant from and
against any and all liability for death or for injury to persons or property caused in or
about the Building by reason of the construction of Tenant's Work.
Landlord shall reimburse Tenant within thirty (30) days of receipt of invoice from the
supplier of the new exterior windows to the Premises (as shown in the plans approved by
Landlord) for the cost of such windows and the related installation charges.
Tenant shall receive credits against the Base Rent for the actual costs and expenses to
Tenant of the following items of Tenant's Work which shall include the applicable
purchase, installation and delivery costs and charges:
• Cost of making the main entrance to the Premises handicap accessible.
• All HVAC equipment and trunk lines that will provide one ton of cooling per 250
sq. ft. of space or approximately 20 tons of HVAC.
• Electrical panel boards with breakers and adequate electrical transformers serving
the Building and all conduits for panel feeders to the Premises.
• Build out and fixturing of the restrooms in the Premises as required by applicable\\\(6,0
building codes.
• One-half of the cost of the rear (north) demising wall of the Premises build to
code.
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
9
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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
\w(7,
• 4
• Updated sprinkler system throughout the Premises(NFPA,UL and code approved
fire protection system), other than dropped heads.
• The permanent grease interceptor required by applicable building codes.
The credit shall not exceed $200,000 and there shall be deducted from the credit the
amount reimbursed to Tenant for the cost of exterior windows as above provided. The
foregoing credit shall be subject to a receipt by Tenant of a Certificate of Occupancy and
the receipt by Landlord of lien waivers from all contractors and material and labor
suppliers.
ACEIVEP
AN 26 2O1
NE+ RASIA LIQUOR
CONTROL.CM/MISSION
13
RECEIVED
FIRST AMENDMENT TO LEASE
/6 2011
THIS FIRST AMENDMENT TO O LEASE ("First Amendment") is made effective as of
the 1 day of re, 2014 by and between JHD, LLC, a N fir
liability company(hereinafter"Landlord")and Stokes,LLC(hereinafter"TenatiMTROt-Ct3NlMIISSION
WITNESSETH: eged
WHEREAS,Landlord and Tenant entered into certain Business Property Lease dated
April 2007 (the "Lease") for approximately square feet of space (the "Premises") at
1120 Howard Street,Omaha,Nebraska; and
WHEREAS, Tenant desires to expand the Premises by leasing from Landlord e bay
adjoining the Premises on the east(presently leased for the"City Limits"store)having a common
address of 1120 '/2 Howard Street,Omaha,Nebraska; and
WHEREAS,Landlord is willing to lease the additional space to Tenant as provided in this
First Amendment;and
WHEREAS, Landlord and Tenant elect to amend the terms of the Lease as provided in
this First Amendment.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth herein,the Lease is hereby amended as follows:
1. On the Effective Date (as hereinafter defined), Section 1 of the Lease shall be
amended to include in the term "Premises" that certain premises containing an area of
approximately 2,269 square feet of space (all on the ground floor),the boundaries and location of
which are outlined in red on Exhibit A attached hereto and incorporated herein by this reference
(sometimes hereinafter referred to as "Additional Premises"). In:addition, from and after the
Effective Date,Landlord agrees to allow Tenant to operate its restaurant business on a patio to be
located on the sidewalk adjacent to the Additional Premises, subject to the provisions set forth in
Section 27 of the Lease. The provisions of the Lease pertaining to Tenant's Work (as defined in
the Lease), including those items attached as Exhibit B to the Lease, do not apply to the
Additional Premises.
2. From and after the Effective Date,the Base Rent for the Premises shall be adjusted
to include the Additional Premises at the same annual rate per square foot as charged in the Lease
for the other ground floor space in Section 4(a) of the Lease. From and after the Effective Date,
the Additional Rent for the Premises as provided in Section 4(b) of the Lease shall be adjusted to
include the Additional Premises in determining Tenant's pro rata share and the Reimbursable
Expenses.
3. Notwithstanding any provision to the contrary contained in the Lease as amended
by this First Amendment,Tenant shall be entitled to terminate the Lease solely with respect to the
Additional Premises upon at least thirtyp011 days prior writte notice to Landlord. In the event
RCF/389942.1
o
code.
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
9
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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
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•
•
Tenant elects to terminate the Lease solely with respect to the Additional Premises as provided _
herein, (i) the Base Rent and Additional Rent payable under the Lease as amended by this First
Amendment shall revert to the Base Rent and Additional Rent payable under the Lease as if this
First Amendment was not executed, and (ii).Tenant shall vacate the Additional Premises on or
before date specified for termination of the lease of the Additional Premises in the notice to
Landlord.
4. The amendments to the Lease as provided in this First Amendment shall be
effective upon the later of(i)receipt by Tenant of a liquor license issued by the State of Nebraska
covering the Additional Premises, (ii) issuance of the certificate of occupancy for the Additional
Premises after construction of the improvements referred to in Section 5 of this First Amendment,
and (iii) the date upon which Tenant shall first open the Additional Premises for business to the
general public (the "Effective Date"). Upon execution of this First Amendment, Tenant shall
diligently submit the appropriate application for such liquor license.
5. Landlord shall give Tenant access to the Additional Premises on or before
, 2010 and prior to the Effective Date solely for the purpose of allowing Tenant to
construct two (2)openings in the demising wall between the original Premises and the Additional
Premises, to construct the stacking wall (between the new banquet room and the restaurant
expansion area)and the exits as shown on the Floor Plan attached as Exhibit B attached hereto,to
add HVAC units and connections in the Additional Premises, including necessary and adequate
space to the exterior wall of the Building for make up air ducting and condensor unit, and to
install Tenant's trade dress (including flooring and wall treatments) and other furnishings as
necessary for Tenant to open the Additional Premises to the public. Other construction by Tenant
in the Additional Premises must comply with the requirements set forth in the Lease. In the event
the Effective Date does not commence on or before , 2010, then either Landlord or
Tenant may terminate this First Amendment and Tenant shall immediately restore the Additional
Premises to the same condition as prior to delivery of possession, damage resulting from fire or
other casualty excepted.
6. Binding Effect. This First Amendment shall be binding upon and inure to the benefit
of Landlord and Tenant and their respective successors and permitted assigns.
7. Superseding. From and after the execution date of this First Amendment, all
references to the Lease shall mean the Lease,as amended by this First Amendment.
8. Confirmation. Except as otherwise expressly set forth in this First Amendment, the
Lease is hereby ratified and confirmed and remains in full force and effect.
9. Counterparts. This First Amendment may be executed in any number of
counterparts,all of which taken together shall constitute one and the same instrument and any of the
parties hereto may execute this First Amendment by signing any such counterpart.
***
{SIGNATURE PAGE FOLLOWS IMMEDIATELY}
***
RCF/389942.1 2
agreements. The doing of anything by Landlord
9
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 an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
\w(7,
•
Exhibit A
Outline of Additional Premises
RCF/389942.1
fire protection system), other than dropped heads.
• The permanent grease interceptor required by applicable building codes.
The credit shall not exceed $200,000 and there shall be deducted from the credit the
amount reimbursed to Tenant for the cost of exterior windows as above provided. The
foregoing credit shall be subject to a receipt by Tenant of a Certificate of Occupancy and
the receipt by Landlord of lien waivers from all contractors and material and labor
suppliers.
ACEIVEP
AN 26 2O1
NE+ RASIA LIQUOR
CONTROL.CM/MISSION
13
.
yr.
•
Exhibit B
Floor Plan of Additional Premises
RCF/389942.1
ection system), other than dropped heads.
• The permanent grease interceptor required by applicable building codes.
The credit shall not exceed $200,000 and there shall be deducted from the credit the
amount reimbursed to Tenant for the cost of exterior windows as above provided. The
foregoing credit shall be subject to a receipt by Tenant of a Certificate of Occupancy and
the receipt by Landlord of lien waivers from all contractors and material and labor
suppliers.
ACEIVEP
AN 26 2O1
NE+ RASIA LIQUOR
CONTROL.CM/MISSION
13
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other disposition of its interest. Such assumption, however, shall not be deemed an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
v
\w(7,
CITY OF OMAHA RETAIL LIQUOR LICENSE APPLICANT'S
STATEMENT OF BUSINESS ACTIVITY
In accordance with Omaha City Ordinance section 15-22, this statement of business
activity i.s submitted to the Omaha City Council. Ordinance section 15-22 requires all applicants
for retail liquor licenses to submit a written statement describing all types of business or activity
that will be operated on the premises in conjunction with the proposed license. A failure to
include a business or activity will be considered by the City Council as the applicant's
representation that the omitted business or activity will not occur on the licensed premises
without City Council approval. Failure to operate consistent with this statement may be grounds.
for cancellation, revocation, suspension, or non-renewal of the license (OMC § 15-42).
DESCRIBE ALL BUSINESS OR OTHER ACTIVITY THAT
WILL OCCUR ON THE LICENSED PREMISES.
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other disposition of its interest. Such assumption, however, shall not be deemed an/
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. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
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s PLANNING DEPARTMENT REPORT ��ff
. DATE: FEBRUARY 4, 2011 DUE DATE: FEBRUl 17,t 20 flU
43
CITY COUNCIL HRG MARCH 1,i2�011g ���
LOCATION: 1122 HOWARD STREETTY CL .!E BERK
RASKe
LEGAL DESCRIPTION: ADDING AN AREA APPROX 22' X 108' AND A SIDEWALK CAFE
APPROX. 21' X 10' TO THE SOUTH
APPLICANT: STOKES, LLC, DBA "STOKES GRILL & BAR"
REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C"
LIQUOR LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT
THIS REQUEST DOES(X) L DOES NOT 0 PERTAIN TO N OUTSIDE AREA
IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED b geyYl I E
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. ( my f within last
24 m �
months) "
EX . ' G ZONING: Fit 0 EXITING LAND USE: AZ..)L�/�1
A I JACE T LAND U 4
A ! :I NING: `
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AST:. .nrA- ii1 r --12_(c—t-- aD
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CZD
PARKING STALLS PROVIDED: Size- S— 73 3 - 1 s2 t c — 06% 6 c•
EXISTING USE DOES DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S 0 --. r4=b\ .,
MEN'S ) WO �Qe1 ^ 0►-7.-- 0 21 (....,AL(
4 DATE SUBJECT PROPERTY WAS POSTED: 2 - 1 - \ ` A C
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 45 V
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 '(----:.---
(State
Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH b 4.---
SCHOOL co L---H;SPITAL 6 < HOME FOR THE AGED,INDIGENT
4(2.0. OR VETERANS COLLEGE OR UNIVERSITY D e�_--
\(Authorized Signature) (Date) ;� (_
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other disposition of its interest. Such assumption, however, shall not be deemed an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
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14
ASSIAD
NEBRASKn►UCKI R
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to Tenant for the cost of exterior windows as above provided. The
foregoing credit shall be subject to a receipt by Tenant of a Certificate of Occupancy and
the receipt by Landlord of lien waivers from all contractors and material and labor
suppliers.
ACEIVEP
AN 26 2O1
NE+ RASIA LIQUOR
CONTROL.CM/MISSION
13
OtApHA,
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CityofOmaha, fAlebraskg :� �1 • s_
1819 Farnam— Suite LC 1 ® �: -11 m
Omaha, Nebraska 68183-0112 0� �, -
Buster Brown (402) 444-5550
City Clerk FAX (402) 444-5263 o�'tTF� FEBR‘ ���
February 15, 2011
Stokes, LLC Application for additions to your present Class
Dba"Stokes Grill & Bar" "C" Liquor License location an area approx..
1122 Howard Street 22' x 108' and a sidewalk café area approx..
Omaha,NE 68102 21' x 10' both to the south
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 March 1, 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. 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,
"41;145.-
Buster Brown
City Clerk
BJB:clj
#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 45 V
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 '(----:.---
(State
Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH b 4.---
SCHOOL co L---H;SPITAL 6 < HOME FOR THE AGED,INDIGENT
4(2.0. OR VETERANS COLLEGE OR UNIVERSITY D e�_--
\(Authorized Signature) (Date) ;� (_
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other disposition of its interest. Such assumption, however, shall not be deemed an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
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NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
STOKES, LLC
DBA "STOKES GRILL & BAR"
has applied for
ADDITIONS TO THEIR PRESENT CLASS "C" lOn & Off Sale beer,
wine and liquor] LIQUOR LICENSE LOCATION TO ADD AN
AREA APPROX. 22' X 108' AND A SIDEWALK CAFÉ AREA
APPROX. 21' X 10' BOTH TO THE SOUTH
located at 1122 HOWARD STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, MARCH 1, 2011 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.
commend 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,
"41;145.-
Buster Brown
City Clerk
BJB:clj
#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 45 V
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 '(----:.---
(State
Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH b 4.---
SCHOOL co L---H;SPITAL 6 < HOME FOR THE AGED,INDIGENT
4(2.0. OR VETERANS COLLEGE OR UNIVERSITY D e�_--
\(Authorized Signature) (Date) ;� (_
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other disposition of its interest. Such assumption, however, shall not be deemed an/
\ t,li
7
. However, if the damages to the Premises are not repaired with 180
days after the occurrence of such damages, then Tenant may terminate this Lease upon written
notice to Landlord. In the event Landlord elects not to repair the Premises, this Lease shall be al
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Tenant for the cost of exterior windows as above provided. The
foregoing credit shall be subject to a receipt by Tenant of a Certificate of Occupancy and
the receipt by Landlord of lien waivers from all contractors and material and labor
suppliers.
ACEIVEP
AN 26 2O1
NE+ RASIA LIQUOR
CONTROL.CM/MISSION
13
RECEIVED
INTER-OFFICE COMMUNICATION
February 16, 2011 i 1 FEB 16 AM 10: 43
To: Buster Brown, City Clerk CITY CLERK
OMAHA, f EBRAS A
From: Jay G. Davis, Chief Building Inspector, Permits and Inspection
Division
Subject: Liquor posting for 1122 Howard
We have posted the property at 1122 Howard Street as required. This is to
inform you that they have no right-of-way lease for the additional outside area. '
The applicant will need to apply for the lease of the R-O-W from the city and
obtain the proper permits for the fence and the interior renovation.
I am therefore requesting a layover of this request until the above requirements
are met.
If you have any further questions, please feel free to contact me at 444-5364.
o rcnrE `tip t7tdn Z
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the additional outside area. '
The applicant will need to apply for the lease of the R-O-W from the city and
obtain the proper permits for the fence and the interior renovation.
I am therefore requesting a layover of this request until the above requirements
are met.
If you have any further questions, please feel free to contact me at 444-5364.