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RES 2011-0157 - Change of loc of Wine Styles l- i ; {= STATE OF NEBRASKA Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION vovernor , Hobert B Rupe — Executive Director u'r N 18 9 E'~' 301 Centennial Mall South, 5th Floor P.O. Box 95046 CITY C L:=r;h, Lincoln, NE 68509-5046 Phone (402) 471-2571 rt1/0HA, N BR4SK; Fax(402)471-2814 TRS USER 800 833-7352(TTY) January 14, 2011 Web address:http://www.lcc.ne.gov/ OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 RE: Change of Location for License Class C 70441 Dear City/County Clerk: The licensee It's Possible, LLC DBA Wine Styles, currently located at 1110 S 71 St Suite K in Omaha, has requested a change of location for their current premise. The applicant anticipates moving to a new location at 1006 South 74th Plaza in Omaha. This change will appear on the new license when the Change of Location is approved. The new description for the licensed area will be read as follows: One-story building approx 70'x 26'. Please present this Change of Location request to the City/County 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. S i ,/y, NSW Lynn Shu ake Licens' • Division Enclosure pc: file Janice Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer by Notary Public signature Notary Public signature Affix Seal Her- Affix Seal Here jgeslailli NtEmrafaM or-„�-».i:,' mama M.PRAMS MyOonNn.Esp.Deo7,2014 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 I Form 3c Page 4 tFtCER SIGNATURE • (Faxed signatures are aeceptable) j I ; • --._..- . . , to- "- Norm 3c :I • Pate 1 • '' . j • 1 • I: I :I' NERAL NOTARY-State of Nebraska Notary Publi srg ur w DONNA R.INGRAM My Comm.Exp.Jan.31,2013 In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. FORM 35-4178 Revised 1/2008 7 4+�4 a •it's •,.rrr • .. +` F, •rr tp Siva. •, i .... ,,(ff41.9 'tt.1, :MT-4 _ MT..P.',; , rfrit;'-.'r. g,• '. [4il?i�hril il.. V ' : ^,;:r, a '� • i e. POP e1A$0,' ttr2 ? 311! a s 4 ti 'a rr +:r �`_,_¢•+ a.•je ..�rj�,..�.j� -�'�+`h�f�y7'• w�y.:P.. k'-'+ » d,J/,�{ �,( 'ti• -y,� �` x,/.n,.,' _..„. r •t tAt. , +��? �S5 �M, a�K.. y F< 4. K,i' .!i . ,1.`Mi i•'li 'n�....-r-Q t`7• '•S.,F.' r Tom'`" ! 7 u�.J.,.- e. ar S.rl �} -i..._4 n. ,. w i i-,:, F� a. s .�. S _ Y y!.,..c. M..-.': a�.,h. C•t': I ... ti .. .Y`: f-., _ ..c.it rr a ?,_ti�•�, f.4 i��j?7�.. • ,� it F � `' 4. r 4. %, F ,,,y v5,..Y W .t ,.. 7�i. gzr,5 y. ..: ,•f. .. .:�., ..:..JA...� .4*...'i�•1=4.m..%. vzfr 1.1ti ,1...42h-;.-211i:_• ••-4k••CCeis '71_.«w.•;:v AM.. • <tit1'"„�-S tl'.F..a....w.4?.LwF .•+.-.:•a .'r'.:1 - • C TE OFFICER SIGNATURE Cum G, wC414.)§1i ft4�." • • Faxed sutures are acceptable) _ ,i.., ;, .:.. ;.tvP.$':"y;..ri i'.')7u;' lv ir,:�2:i?;;,r. x:2.;c ,z•� T;i7r.- .'•ror,�:�Yea".•1 4iS' •-•ri^l:. ,r••5"'„'.::.•. V e3 +�;:.. _ i a,aT is �W 3:. .,. S + ,r•, .tit :••%' • '�.r:�':��' �- rfi.. ti �•..r.:..f=;;^,Y,+• 'f. +r'`!}.'7.<r,•t. .r �,,.'i .�i• .t;n•.S��x<.:• ��•�_: Cl;.r+•• .'+' ..+ ''. ..,.Yr e+a.'•{". F''',,:k.��: i Y •3, �.�, • • .4..v .�.'w.f:;v't •z'.' rr, �' .•r• Z, "'.•..•1•: a.r,v; . • •5-' ro.g„�i;{?rS�~. '•'y.��'t'a .a. ,1:}. "v4.n. Y. 1'-.'`J r..;.. ,<t, c ,r+t. T:•• :r3'. ''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 70441 IT'S POSSIBLE, LLC 1110 SOUTH 71ST STR, STE K 68106 884-6696 DBA WINE STYLES NLCC ORDERS SEE ATTACHED NLCC HISTORY OTHER ACTIVITIES 11-01-05 -RES #1353 GRANT * 02-08-11 -REQ CHANGE OF LOCATION TO 1006 SOUTH 74TH PLAZA * LICENSED PREMISES APPROX 24' X 61' OF A 1 STY BLDG - COMMON AREA NOT PART OF SITE APPROX 7' X 9' OFFICERS: PRES/MGR - ROBERT BOLDEN (C) 740-1452 * MEMBER -CAROLYN BOLDEN, 6335 POPPLETON AVE, 68106 LCC Search Page 1 of 1 Official Nebraska Government Website ' II'S * R LAS K A LIC1 U0 R - - - ..., 0 , , . t ... ,, 'A..'.."...... .,..7, .; C, C ,,. ' .4., .. , }pm .A .„. p? '- iii0 , I l'701, :40 MMISA 0 N _ .,..L.,.. . , ., -,,L i_ Home Result: Corporation License License Information Number: 70441 Suspended Date: 08/02/2010 Category: Retail Suspended Days: 14 Ownership: Corporation Expiration Date: 10/31/2011 Class: C -rade Information Trade Name WINE STYLES Trade Address 1 1110 S 71 STREET Trade Address 2 SUITE K City, State, Zip OMAHA,NE 68106 Code Phone Number (402)884-6696 County 01 Manager Information Name: BOLDEN, ROBERT M Corporate Applicant Information Corporation: ITS POSSIBLE LLC Address 1: 19105 KENT CIRCLE City, State, Zip Code OMAHA,NE 68130 Troop ID Troop A Registered Agent M LDEN, ROBERT ffice/Stockholder/Member Member 1 'Member 2 http://www.lcc.ne.gov/license_search/licsearch.cgi 1/19/2011 ou should have any questions, please feel free to give me a call at (402) 471-2821. S i ,/y, NSW Lynn Shu ake Licens' • Division Enclosure pc: file Janice Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer by Notary Public signature Notary Public signature Affix Seal Her- Affix Seal Here jgeslailli NtEmrafaM or-„�-».i:,' mama M.PRAMS MyOonNn.Esp.Deo7,2014 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 I Form 3c Page 4 tFtCER SIGNATURE • (Faxed signatures are aeceptable) j I ; • --._..- . . , to- "- Norm 3c :I • Pate 1 • '' . j • 1 • I: I :I' NERAL NOTARY-State of Nebraska Notary Publi srg ur w DONNA R.INGRAM My Comm.Exp.Jan.31,2013 In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. FORM 35-4178 Revised 1/2008 7 4+�4 a •it's •,.rrr • .. +` F, •rr tp Siva. •, i .... ,,(ff41.9 'tt.1, :MT-4 _ MT..P.',; , rfrit;'-.'r. g,• '. [4il?i�hril il.. V ' : ^,;:r, a '� • i e. POP e1A$0,' ttr2 ? 311! a s 4 ti 'a rr +:r �`_,_¢•+ a.•je ..�rj�,..�.j� -�'�+`h�f�y7'• w�y.:P.. k'-'+ » d,J/,�{ �,( 'ti• -y,� �` x,/.n,.,' _..„. r •t tAt. , +��? �S5 �M, a�K.. y F< 4. K,i' .!i . ,1.`Mi i•'li 'n�....-r-Q t`7• '•S.,F.' r Tom'`" ! 7 u�.J.,.- e. ar S.rl �} -i..._4 n. ,. w i i-,:, F� a. s .�. S _ Y y!.,..c. M..-.': a�.,h. C•t': I ... ti .. .Y`: f-., _ ..c.it rr a ?,_ti�•�, f.4 i��j?7�.. • ,� it F � `' 4. r 4. %, F ,,,y v5,..Y W .t ,.. 7�i. gzr,5 y. ..: ,•f. .. .:�., ..:..JA...� .4*...'i�•1=4.m..%. vzfr 1.1ti ,1...42h-;.-211i:_• ••-4k••CCeis '71_.«w.•;:v AM.. • <tit1'"„�-S tl'.F..a....w.4?.LwF .•+.-.:•a .'r'.:1 - • C TE OFFICER SIGNATURE Cum G, wC414.)§1i ft4�." • • Faxed sutures are acceptable) _ ,i.., ;, .:.. ;.tvP.$':"y;..ri i'.')7u;' lv ir,:�2:i?;;,r. x:2.;c ,z•� T;i7r.- .'•ror,�:�Yea".•1 4iS' •-•ri^l:. ,r••5"'„'.::.•. V e3 +�;:.. _ i a,aT is �W 3:. .,. S + ,r•, .tit :••%' • '�.r:�':��' �- rfi.. ti �•..r.:..f=;;^,Y,+• 'f. +r'`!}.'7.<r,•t. .r �,,.'i .�i• .t;n•.S��x<.:• ��•�_: Cl;.r+•• .'+' ..+ ''. ..,.Yr e+a.'•{". F''',,:k.��: i Y •3, �.�, • • .4..v .�.'w.f:;v't •z'.' rr, �' .•r• Z, "'.•..•1•: a.r,v; . • •5-' ro.g„�i;{?rS�~. '•'y.��'t'a .a. ,1:}. "v4.n. Y. 1'-.'`J r..;.. ,<t, c ,r+t. T:•• :r3'. ''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 Print Form l APPLICATION FOR CHANGE OF LOCATION TO LIQUOR LICENSE Office Use RECEIVED NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH /� PO BOX 95046 JAN 0 201) LENCOLN,NE 68509-5046 PHONE:(402)471-2571 "� r,FAX:(402)471-2814 NEB,tASKA LIQUOR Websilc: CONTROL COMMISSION Application needs to include the following: 1 • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • Must include a copy of the lease,deed or purchase agreement showing ownership of new location o Document must show ownership in name of licensee,if licensed as corporation or LLC must show that name • Must include simple sketch showing new building,must include outside dimensions in feet(not square feet),direction north,if it's a one or two story building,if there is a basement. No blue prints. • May include a letter of explanation LIQUOR LICENSE# LICENSEE NAME IT `S Po S i \ LI:C TRADE NAME \J;He S4,. t5 CURRENTLY LICENSED ADDRESS 1.110 S. -1 t " s K CITY Q rn A irf A CONTACT PERSON R o M. 1 0l()LEn1 CONTACT PERSON PHONE NUMBER go -Kt) - 5 a, Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county), a new application will need to be filed. Complete the following questions: 1. What is the new address? 1 CO 6 51;,.1 kh 1 1 I)1cyaa, 2. City (7 rn 4 41 A County D o us V14'8 3. When do you expect on moving to new location? M i r c k k t ti 3 0 j Z,d 1100000785 „�-».i:,' mama M.PRAMS MyOonNn.Esp.Deo7,2014 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 I Form 3c Page 4 tFtCER SIGNATURE • (Faxed signatures are aeceptable) j I ; • --._..- . . , to- "- Norm 3c :I • Pate 1 • '' . j • 1 • I: I :I' NERAL NOTARY-State of Nebraska Notary Publi srg ur w DONNA R.INGRAM My Comm.Exp.Jan.31,2013 In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. FORM 35-4178 Revised 1/2008 7 4+�4 a •it's •,.rrr • .. +` F, •rr tp Siva. •, i .... ,,(ff41.9 'tt.1, :MT-4 _ MT..P.',; , rfrit;'-.'r. g,• '. [4il?i�hril il.. V ' : ^,;:r, a '� • i e. POP e1A$0,' ttr2 ? 311! a s 4 ti 'a rr +:r �`_,_¢•+ a.•je ..�rj�,..�.j� -�'�+`h�f�y7'• w�y.:P.. k'-'+ » d,J/,�{ �,( 'ti• -y,� �` x,/.n,.,' _..„. r •t tAt. , +��? �S5 �M, a�K.. y F< 4. K,i' .!i . ,1.`Mi i•'li 'n�....-r-Q t`7• '•S.,F.' r Tom'`" ! 7 u�.J.,.- e. ar S.rl �} -i..._4 n. ,. w i i-,:, F� a. s .�. S _ Y y!.,..c. M..-.': a�.,h. C•t': I ... ti .. .Y`: f-., _ ..c.it rr a ?,_ti�•�, f.4 i��j?7�.. • ,� it F � `' 4. r 4. %, F ,,,y v5,..Y W .t ,.. 7�i. gzr,5 y. ..: ,•f. .. .:�., ..:..JA...� .4*...'i�•1=4.m..%. vzfr 1.1ti ,1...42h-;.-211i:_• ••-4k••CCeis '71_.«w.•;:v AM.. • <tit1'"„�-S tl'.F..a....w.4?.LwF .•+.-.:•a .'r'.:1 - • C TE OFFICER SIGNATURE Cum G, wC414.)§1i ft4�." • • Faxed sutures are acceptable) _ ,i.., ;, .:.. ;.tvP.$':"y;..ri i'.')7u;' lv ir,:�2:i?;;,r. x:2.;c ,z•� T;i7r.- .'•ror,�:�Yea".•1 4iS' •-•ri^l:. ,r••5"'„'.::.•. V e3 +�;:.. _ i a,aT is �W 3:. .,. S + ,r•, .tit :••%' • '�.r:�':��' �- rfi.. ti �•..r.:..f=;;^,Y,+• 'f. +r'`!}.'7.<r,•t. .r �,,.'i .�i• .t;n•.S��x<.:• ��•�_: Cl;.r+•• .'+' ..+ ''. ..,.Yr e+a.'•{". F''',,:k.��: i Y •3, �.�, • • .4..v .�.'w.f:;v't •z'.' rr, �' .•r• Z, "'.•..•1•: a.r,v; . • •5-' ro.g„�i;{?rS�~. '•'y.��'t'a .a. ,1:}. "v4.n. Y. 1'-.'`J r..;.. ,<t, c ,r+t. T:•• :r3'. ''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 To\tsr Aq. �Ja1 L4� l i�/ Print Name of Signature EcC • A .! 0 CONTRO rL p!V-k)UOR SIOPJ Signature of Licensee or Officer State'of Nebraska County of Ucs a.. The forgoing instrument was acknowledge before me this ) 2,- 13- 20) U Date • • 4....A• 0 Notary Public Signature • Affix Seal Bey GENERAL NOTARY-Slate at Nebraska BRANDON DRAPER • iiy Comm.Exp.July 8,2012 { • • • E'd eLb:60 i L 60 Uef . . , . . _ . RECEIVEP ,... , . 5•--q._ . , • , 4, r 1.1.1.—. . x .._ ELEIC,T. • Ft. 4,... Ei z , CNTRJiTAoAN,t 4- - , .sotRo.I I , r- ,_:ti_ I C.)- /, . • r12• 'k r . . . r •, s, .., _— , ......--... - -........-.. 1. 4sCe 1 - i I I I 1 I . 0 I I 1,..4 IN ..6 . 1 1 I . I I I i 1 l_.--..-.......IF J \,......... 15--.1 r" 25_10,1. • 9'd 8917:60 1.1. 60 Uer LIQUOR LICENSE# LICENSEE NAME IT `S Po S i \ LI:C TRADE NAME \J;He S4,. t5 CURRENTLY LICENSED ADDRESS 1.110 S. -1 t " s K CITY Q rn A irf A CONTACT PERSON R o M. 1 0l()LEn1 CONTACT PERSON PHONE NUMBER go -Kt) - 5 a, Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county), a new application will need to be filed. Complete the following questions: 1. What is the new address? 1 CO 6 51;,.1 kh 1 1 I)1cyaa, 2. City (7 rn 4 41 A County D o us V14'8 3. When do you expect on moving to new location? M i r c k k t ti 3 0 j Z,d 1100000785 „�-».i:,' mama M.PRAMS MyOonNn.Esp.Deo7,2014 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 I Form 3c Page 4 tFtCER SIGNATURE • (Faxed signatures are aeceptable) j I ; • --._..- . . , to- "- Norm 3c :I • Pate 1 • '' . j • 1 • I: I :I' NERAL NOTARY-State of Nebraska Notary Publi srg ur w DONNA R.INGRAM My Comm.Exp.Jan.31,2013 In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. FORM 35-4178 Revised 1/2008 7 4+�4 a •it's •,.rrr • .. +` F, •rr tp Siva. •, i .... ,,(ff41.9 'tt.1, :MT-4 _ MT..P.',; , rfrit;'-.'r. g,• '. [4il?i�hril il.. V ' : ^,;:r, a '� • i e. POP e1A$0,' ttr2 ? 311! a s 4 ti 'a rr +:r �`_,_¢•+ a.•je ..�rj�,..�.j� -�'�+`h�f�y7'• w�y.:P.. k'-'+ » d,J/,�{ �,( 'ti• -y,� �` x,/.n,.,' _..„. r •t tAt. , +��? �S5 �M, a�K.. y F< 4. K,i' .!i . ,1.`Mi i•'li 'n�....-r-Q t`7• '•S.,F.' r Tom'`" ! 7 u�.J.,.- e. ar S.rl �} -i..._4 n. ,. w i i-,:, F� a. s .�. S _ Y y!.,..c. M..-.': a�.,h. C•t': I ... ti .. .Y`: f-., _ ..c.it rr a ?,_ti�•�, f.4 i��j?7�.. • ,� it F � `' 4. r 4. %, F ,,,y v5,..Y W .t ,.. 7�i. gzr,5 y. ..: ,•f. .. .:�., ..:..JA...� .4*...'i�•1=4.m..%. vzfr 1.1ti ,1...42h-;.-211i:_• ••-4k••CCeis '71_.«w.•;:v AM.. • <tit1'"„�-S tl'.F..a....w.4?.LwF .•+.-.:•a .'r'.:1 - • C TE OFFICER SIGNATURE Cum G, wC414.)§1i ft4�." • • Faxed sutures are acceptable) _ ,i.., ;, .:.. ;.tvP.$':"y;..ri i'.')7u;' lv ir,:�2:i?;;,r. x:2.;c ,z•� T;i7r.- .'•ror,�:�Yea".•1 4iS' •-•ri^l:. ,r••5"'„'.::.•. V e3 +�;:.. _ i a,aT is �W 3:. .,. S + ,r•, .tit :••%' • '�.r:�':��' �- rfi.. ti �•..r.:..f=;;^,Y,+• 'f. +r'`!}.'7.<r,•t. .r �,,.'i .�i• .t;n•.S��x<.:• ��•�_: Cl;.r+•• .'+' ..+ ''. ..,.Yr e+a.'•{". F''',,:k.��: i Y •3, �.�, • • .4..v .�.'w.f:;v't •z'.' rr, �' .•r• Z, "'.•..•1•: a.r,v; . • •5-' ro.g„�i;{?rS�~. '•'y.��'t'a .a. ,1:}. "v4.n. Y. 1'-.'`J r..;.. ,<t, c ,r+t. T:•• :r3'. ''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 • DAILY RECORD: Charge to General Ordinance Order NO. 2447 H. CLASS "C" LIQUOR LICENSE Please publish: February 7, 2011 Notice is hereby given It's Possible, LLC, dba"WineStyles", 1110 South 71st Street, Suite K, has filed application for a Change of Location of their present license to sell beer, wine and liquor for consumption On and Off the premises to be located at 1006 South 74th Plaza, legally described as follows: LOT 2, BLOCK 0, SEVENTY-FOUR PACIFIC PLAZA, IRREGULAR 49998 SQUARE FEET, CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA That in accordance with provisions of Section 53-1311, Nebraska Liquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, February 15, 2011, at 2:00 o'clock P.M., at which time the City Council shall receive evidence either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. Buster Brown City Clerk Po S i \ LI:C TRADE NAME \J;He S4,. t5 CURRENTLY LICENSED ADDRESS 1.110 S. -1 t " s K CITY Q rn A irf A CONTACT PERSON R o M. 1 0l()LEn1 CONTACT PERSON PHONE NUMBER go -Kt) - 5 a, Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county), a new application will need to be filed. Complete the following questions: 1. What is the new address? 1 CO 6 51;,.1 kh 1 1 I)1cyaa, 2. City (7 rn 4 41 A County D o us V14'8 3. When do you expect on moving to new location? M i r c k k t ti 3 0 j Z,d 1100000785 „�-».i:,' mama M.PRAMS MyOonNn.Esp.Deo7,2014 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 I Form 3c Page 4 tFtCER SIGNATURE • (Faxed signatures are aeceptable) j I ; • --._..- . . , to- "- Norm 3c :I • Pate 1 • '' . j • 1 • I: I :I' NERAL NOTARY-State of Nebraska Notary Publi srg ur w DONNA R.INGRAM My Comm.Exp.Jan.31,2013 In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. FORM 35-4178 Revised 1/2008 7 4+�4 a •it's •,.rrr • .. +` F, •rr tp Siva. •, i .... ,,(ff41.9 'tt.1, :MT-4 _ MT..P.',; , rfrit;'-.'r. g,• '. [4il?i�hril il.. V ' : ^,;:r, a '� • i e. POP e1A$0,' ttr2 ? 311! a s 4 ti 'a rr +:r �`_,_¢•+ a.•je ..�rj�,..�.j� -�'�+`h�f�y7'• w�y.:P.. k'-'+ » d,J/,�{ �,( 'ti• -y,� �` x,/.n,.,' _..„. r •t tAt. , +��? �S5 �M, a�K.. y F< 4. K,i' .!i . ,1.`Mi i•'li 'n�....-r-Q t`7• '•S.,F.' r Tom'`" ! 7 u�.J.,.- e. ar S.rl �} -i..._4 n. ,. w i i-,:, F� a. s .�. S _ Y y!.,..c. M..-.': a�.,h. 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''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 Page: 1 Document Name: untitled PARC 0244 4074 22 FB 49 STATUS 2 CLASS C ADDITIONAL ADDR EXEMPT 0 EXEMPT TYPE TAX DISTRICT 6600 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 01002 S 074 PA OMA 68114 OWNER OR TAXPAYER INFORMATION NAME JDM PROPERTIES LLC DATE OF LAST CHANGE 10-18-2010 + C/O INVESTORS REALTY BK/PG OR DOC# 2010 90253 ADDR 11301 DAVENPORT ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68154 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2010 08-11-2010 499700 275300 775000 BOE 5150 ADDITION NO. 35149 LOT 2 HALF BLOCK 0 HALF SEVENTY-FOUR PACIFIC PLAZA SECT TOWN RANGE PLAT 0651 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 IRREG 49998 SQFT 2 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB CURRENTLY LICENSED ADDRESS 1.110 S. -1 t " s K CITY Q rn A irf A CONTACT PERSON R o M. 1 0l()LEn1 CONTACT PERSON PHONE NUMBER go -Kt) - 5 a, Change of location application will not be accepted if moving to a different jurisdiction(i.e.city or county), a new application will need to be filed. Complete the following questions: 1. What is the new address? 1 CO 6 51;,.1 kh 1 1 I)1cyaa, 2. City (7 rn 4 41 A County D o us V14'8 3. When do you expect on moving to new location? M i r c k k t ti 3 0 j Z,d 1100000785 „�-».i:,' mama M.PRAMS MyOonNn.Esp.Deo7,2014 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 I Form 3c Page 4 tFtCER SIGNATURE • (Faxed signatures are aeceptable) j I ; • --._..- . . , to- "- Norm 3c :I • Pate 1 • '' . j • 1 • I: I :I' NERAL NOTARY-State of Nebraska Notary Publi srg ur w DONNA R.INGRAM My Comm.Exp.Jan.31,2013 In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. FORM 35-4178 Revised 1/2008 7 4+�4 a •it's •,.rrr • .. +` F, •rr tp Siva. •, i .... ,,(ff41.9 'tt.1, :MT-4 _ MT..P.',; , rfrit;'-.'r. g,• '. [4il?i�hril il.. V ' : ^,;:r, a '� • i e. POP e1A$0,' ttr2 ? 311! a s 4 ti 'a rr +:r �`_,_¢•+ a.•je ..�rj�,..�.j� -�'�+`h�f�y7'• w�y.:P.. k'-'+ » d,J/,�{ �,( 'ti• -y,� �` x,/.n,.,' _..„. r •t tAt. , +��? �S5 �M, a�K.. y F< 4. K,i' .!i . ,1.`Mi i•'li 'n�....-r-Q t`7• '•S.,F.' r Tom'`" ! 7 u�.J.,.- e. ar S.rl �} -i..._4 n. ,. w i i-,:, F� a. s .�. S _ Y y!.,..c. M..-.': a�.,h. C•t': I ... ti .. .Y`: f-., _ ..c.it rr a ?,_ti�•�, f.4 i��j?7�.. • ,� it F � `' 4. r 4. %, F ,,,y v5,..Y W .t ,.. 7�i. gzr,5 y. ..: ,•f. .. .:�., ..:..JA...� .4*...'i�•1=4.m..%. vzfr 1.1ti ,1...42h-;.-211i:_• ••-4k••CCeis '71_.«w.•;:v AM.. • <tit1'"„�-S tl'.F..a....w.4?.LwF .•+.-.:•a .'r'.:1 - • C TE OFFICER SIGNATURE Cum G, wC414.)§1i ft4�." • • Faxed sutures are acceptable) _ ,i.., ;, .:.. ;.tvP.$':"y;..ri i'.')7u;' lv ir,:�2:i?;;,r. x:2.;c ,z•� T;i7r.- .'•ror,�:�Yea".•1 4iS' •-•ri^l:. ,r••5"'„'.::.•. V e3 +�;:.. _ i a,aT is �W 3:. .,. S + ,r•, .tit :••%' • '�.r:�':��' �- rfi.. ti �•..r.:..f=;;^,Y,+• 'f. +r'`!}.'7.<r,•t. .r �,,.'i .�i• .t;n•.S��x<.:• ��•�_: Cl;.r+•• .'+' ..+ ''. ..,.Yr e+a.'•{". F''',,:k.��: i Y •3, �.�, • • .4..v .�.'w.f:;v't •z'.' rr, �' .•r• Z, "'.•..•1•: a.r,v; . • •5-' ro.g„�i;{?rS�~. '•'y.��'t'a .a. ,1:}. "v4.n. Y. 1'-.'`J r..;.. ,<t, c ,r+t. T:•• :r3'. ''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 Page: 1 Document Name : untitled PADL 0244 4074 22 REAL PROPERTY INQUIRY -- LIST ADDITIONAL ADDRESS PARCEL: 0244 4074 22 01/19/2011 PROPERTY ADDRESS HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 1002 S 074 PA OMA PAGE: 1 ADDITIONAL ADDRESSES * END OF LIST * HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 1004 S 074 PA OMA 1006 S 074 PA OMA 1008 S 074 PA OMA 1010 S 074 PA OMA 1012 S 074 PA OMA PF7 TO PAGE BACKWARD PF8 TO PAGE FORWARD • • • / f • • BUSINESS PROPERTY LEASE THIS LEASE is entered into this day of,Oc. ..4 r,70J7) , between Severity-four Pacific Plaza, L.L.C., a Nebraska limited liability company, Owner, and IT'S Possible, L.L.C., a Nebraska limited liability company,DBA WineStyles,Tenant. 1. PREMISES. Owner leases to Tenant the real property located at 1006 South 74th Plaza, Omaha, NE 68114 (the "Premises"), containing approximately 1,820 square feet of area, on the following terms and conditions. 2. TERM. This Lease shall be for an initial term of five(5) years and four(4) months, beginning on the 1st day of March, 2011, and ending on the 30th day of June, 2016, unless terminated earlier as provided in this Lease. Tenant has the option to extend the term of this Lease,as more particularly set forth in paragraphs 34 and 35. If for any reason the Premises are delivered to Tenant on any date before or after the term commencement date, rental for the period between the date of possession and the term commencement date shall be paid on a pro rata basis. Such eartier or later taking of possession shall not change the termination date of this Lease. This Lease shall not be void or voidable in the event of a late delivery by Owner, nor shall Owner be liable to Tenant for any resulting loss or damage. 3. USE OF PREMISES. The Premises are leased to Tenant,and are to be used by Tenant,for the purpose of a 'Wine Styles' wine boutique and retailer, selling at retail, wine, wine accessories, cheese, coffee (ground and whole bean),tea,craft beers, specialty liquors, gifts, gift baskets and for no then pt rpose. Und to der#h the is permitted use, Tenant may have periodic wine and food tastings, and daily samplings. 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 in a clean and sanitary condition, and to use ail reasonable precaution to prevent waste,damage,or injury to the Premises. 4. RENT. (a) Base Rent. The total Base Rent under this Lease is One Hundred Forty Thousand Six Hundred Four and NOI100 Dollars ($140,604.00). Tenant agrees to pay rent to Owner at Seventy-four Pacific Plaza, L.L.C. c/o Waled Huber&Associates, Inc.,220 N. 89"Street,Suite 201, Omaha, NE 68114 or at any other place Owner may designate in writing,in lawful money of the United States,in monthly installments in advance, on the first day of each month,as follows: Period Monthly Amount Annual Amount Rent PSF IA$ .00 N March 1,2011 —June 30,2011 $ .00 NIA July 1,2011 —June 30,2012 $2,313.00 $27,756.00 July 1,2012—June 30,2013 $2,313.00 $27,756.00 $15.25 July 1,2013—June 30,2014 $2,313.00 $27,756.00 $15.25$15.25 July 1,2014—June 30,2015 $2,389,00 $28,668.00 July 1,2015—June 30,2016 $2,389.00 $28,668.00 $15.75 (b) Operating Expenses. In addition to the Base Rent.Tenant shall pay a pro rata share of opera ing expenses of the real estate of which the Premises are part,parking areas, and grounds ("Real Estate"). "Operating Expenses' shall mean all costs of maintaining and operating the Real Estate, including but not limited to all taxes and special assessments levied upon the Real Estate, fixtures, and personal property used by Owner at the Real 1 r+omntadrosanas+easo-+"adoeltdoc 86'd e99:60 66 60 Uef i ,1...42h-;.-211i:_• ••-4k••CCeis '71_.«w.•;:v AM.. • <tit1'"„�-S tl'.F..a....w.4?.LwF .•+.-.:•a .'r'.:1 - • C TE OFFICER SIGNATURE Cum G, wC414.)§1i ft4�." • • Faxed sutures are acceptable) _ ,i.., ;, .:.. ;.tvP.$':"y;..ri i'.')7u;' lv ir,:�2:i?;;,r. x:2.;c ,z•� T;i7r.- .'•ror,�:�Yea".•1 4iS' •-•ri^l:. ,r••5"'„'.::.•. V e3 +�;:.. _ i a,aT is �W 3:. .,. S + ,r•, .tit :••%' • '�.r:�':��' �- rfi.. ti �•..r.:..f=;;^,Y,+• 'f. +r'`!}.'7.<r,•t. .r �,,.'i .�i• .t;n•.S��x<.:• ��•�_: Cl;.r+•• .'+' ..+ ''. ..,.Yr e+a.'•{". F''',,:k.��: i Y •3, �.�, • • .4..v .�.'w.f:;v't •z'.' rr, �' .•r• Z, "'.•..•1•: a.r,v; . • •5-' ro.g„�i;{?rS�~. '•'y.��'t'a .a. ,1:}. "v4.n. Y. 1'-.'`J r..;.. ,<t, c ,r+t. T:•• :r3'. ''�•'Gti 7:n• 1� •.ti• : •r '. :„t r SeG ;i,.`J,. + :- L-1�:.+.r. t..,,,,a,J,,, .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 Estate, all insurance costs, ail costs of labor, material and supplies for maintenance, repair, replacement and operation of the Real Estate,including but not limited to fine painting,lighting,roof repair(but not a total replacement of the roof),exterior wall caulking and painting,snow removal,landscaping and landscaping maintenance,cleaning, general property dean-up, utilities, depreciation of machinery and equipment used in such common area maintenance, sign rental if any, repair and replacement, and management costs, including Real Estate superintendents. 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 Owner. The Tenant's prorate share will be the square footage of the Tenants Premises divided by the total square footage of the Shopping Center. Owner may from time to time by the acquisition of adjacent property, reconfiguration of existing property, or building of new facilities change the square footage of the total shopping center,which may result in a change in the Tenant's prorate share. Tenants pro rata share upon lease execution is 6.9%.The square footage of the Shopping Center at lease execution is 26,400 square feet. 1n addition to the monthly Base Rent payment, Tenant shall pay Three Hundred Twenty Five and NO1100 Dollars ($325.00) per month, on the first of each month in advance for Tenants estimated pro rata share of the Operating Expenses except for the real estate taxes and special assessments Owner may change this amount at any time upon written notice to Tenant. Tenant's pro rate share of the Operating Expenses,except for real estate taxes and special assessments, shall be reconciled on a quarterly basis for each calendar quarter, in the event Tenant's pro rata share of Operating Expenses for any quarter is more than the total of Tenant's estimates for such quarter then Tenant shall pay the difference to Owner within 30 days from the date of Owner's invoice; likewise, if Tenant's pro rata sham of Operating Expenses is less than the total of Tenant's estimated payments for such quarter then Owner shall pay the difference to Tenant within 30 days after the end of the quarter. Tenant shall begin paying its pro-rata share of the Operating Expenses on March 1,2011. If Tenant does not occupy the Premises for a full year,the Operating Expenses shall be pro rated for the number of months Tenant occupied the Premises. (c) Real Estate Taxes and Special Assessments. Tenant shall pay its pro rata share of all real estate taxes and special assessments levied upon the Real Estate. Owner shall invoice Tenant for one half of the real estate taxes and special assessments allocated to the Premises on approximately March 1 and again on approximately July 1 of each year during the Lease term,with Tenant's payment for the real estate taxes and special assessments being due to the Owner within twenty(20)days after the date of Owner's invoice. (d) Payment of Rent.Tenant agrees to pay the Base Rent as and when due,together with Tenants 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, Owner shall have all the rights and remedies provided in this Lease or by law for failure to pay rent. (e) Late Charge. If the Tenant fails to pay the Base Rent together with the Tenant's share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease,on or before the fifth(5th) day after such payments are due, Tenant agrees to pay Owner a late charge of ten (10%) percent of all amounts required to be paid. If Tenant fails to pay any amount due hereunder within sixty(60)days after it is due then such amount shall bear interest at the rate of ten per cent(10%)per year from and after the expiration of such sixty (60) day period:any such interest charges are in addition to the late charge. Tenant acknowledges that if any payments due to Owner under this Lease are not paid when due,Tenant shall be in default, irrespective of the provisions for payment of late charges and interest. (f) Security Deposit. As partial consideration for the execution of this Lease, the Tenant has delivered to Owner for Owner's use and possession the sum of Two Thousand Three Hundred Thirteen and NO/100 Dollars ($2,313.00) as a Security Deposit. The Security Deposit will be returned to Tenant at the expiration of this 2 , �nestess-lease-faa,oa+o,d L L•d e99:60 L L 60 Uer , .:•k..,.t:"Get i..$- M; .1..` r:�:,'•ii ..S•.•:.t '+s`.•z r✓�.ti.N. :•r .T 1:1 .: 11: . `,�.,•S;• .+"'.r:.':.:r!.0.;;.'(•.:•\n ..-•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 • Lease if Tenant has fully complied with all covenants and conditions of this Lease. The Security Deposit shall not bear interest while in Owner's possession. ' 5. SERVICES AND UTILITIES. Owner shall furnish no services, except those provided under Operating Expenses, to the Premises during normal business hours, and at such other times as Owner may deem necessary or desirable,in the manner customary to the Real Estate. Owner shall have the right to discontinue any service during any period for which rent is not promptly paid by Tenant. Owner shall not be liable for damages,nor shall the rental be abated,for failure to furnish,or delay in furnishing, any service when failure to furnish,or delay in furnishing, is occasioned in whole or in part by needful repairs,renewals,or improvements,or by any strike or labor controversy, or by any accident or casualty whatsoever, or by any unauthorized act or default of any employee of Owner, or for any other cause or causes beyond the control of Owner. Tenant shall pay, directly to the service provider when due, an utility charges incurred at or chargeable to the Premises, including but not by way of limitation,all water,gas,electricity and sewer use tees. 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 employees of Tenant to occupy the Premises,or any part thereof,without the prior written consent of Owner. Owner may consider any factor it deems relevant in determining whether 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: Nothing in this Lease shall be construed as creating any duty on the part of Owner to consent to any proposed assignment, it being understood that the decision to consent or not to consent to any proposed assignment shall be made in Owner's sole discretion. Any sale,assignment, hypothecation or transfer of this Lease or subletting of the Premises except as set forth below in connection with a default by tenant under its Franchise Agreement,or an assignment of this Lease by Tenant to Franchisor, which is not in compliance with the provisions of this paragraph 6 shall be void and shall,at the option of the Owner, terminate this Lease. The consent by Owner to any assignment or subletting shall not be construed as relieving Tenant or any assignee of this Lease or sublessee of the Premises from obtaining the express written consent of Owner to any further assignment or subletting or as releasing Tenant or any assignee or sublessee of Tenant from any liability or obligation hereunder, whether or not then accrued. This section shall be fully applicable to all further sale , hypothecations, transfers, assignments and subleases of any portion of the Premises by any successor or assignee of Tenant or sublessee of the Premises. In the event of a default by Tenant under its Franchise Agreement dated May 20, 2005 with WineStyles, Inc.("Franchisor"), Franchisor may elect,without Owner's consent being required,to have Tenant assign this Lease to Franchisor and in such event Franchisor shall assume and be liable for all of Tenant's obligations under this Lease, provided that any such assignment shall not relieve Tenant of its liability under this Lease nor shall it relieve Robert M. Bolden from liability u er the Personal Guarantee, it being expressly understood that Tenant and Guarantor shall be and remain 11 le for all of Tenant's obligations under this Lease, including any renewal or extension terms, except that if er gives written approval of a new tenant/franchisee pursuant to the provisions of paragraph 3 of Exhibit 62U° then, pon such written approval,Tenant and Robert M. Bolden shall be relieved of all liability under the Lease and the i rsonal Guarantee. Tenant shall be pennittedlto assign its interest in this Lease to Franchisor at any time without the consent of Owner. Under no circumstances shall any such assignment which is made prior to June 30,2016 relieve Tenant of its liability under this Lease,or Robert M. Bolden of his liability under the Personal Guarantee. Wiith respect to any such assignment made after Junej30,2016,in the event that Franchisor thereafter assigns its interest in the Lease to another tenant/franchisee, and Owner consents in writing to such assignment, then Tenant shall be relieved of liability under this Lease and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 7. TENANTS 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 Owner for the proposed work. In the event that a building permit is required for any such improvements or alterations, whether they are prior to, or during, Tenant's occupancy, then Tenant shall have an architect licensed in the State of Nebraska prepare a stamped set of plans to be submitted to the City of Omaha as a basis for the building permit. Owner may, as a condition to its consent, require that the work be done by Owner's own employees and/or under Owner'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 Owner. Upon termination of this Lease,at Owner'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 Tenants trade fixtures,shall become part of the Premises and the property of the Owner. 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. 8. REPAIRS. Owner agrees to maintain in good condition and repair as necessary the foundations and exterior walls of the Premises. Tenant agrees that it will make,at its own cost and expense, all maintenance,repairs and replacements to the Premises not required to be made by Owner, including, but not limited to, all interior and exterior doors, door frames, windows, plate glass, ceiling tiles, and the heating, 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 or renovations by Owner,Tenant,or other tenants to the Premises or the Real Estate. 9. CONDITION OF PREMISES. Except as provided herein, Tenant agrees that no promises, representations,statements, or wai r anties have been made on behalf of Owner 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 Owner 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. Owner 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 Owner, 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. OWNER'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,Owner shall have the right to: (a) Change the name or street address of the Real Estate or the Premises. (b) Install and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 (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 Owner 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 Tenants business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant, Owner shall have the right to terminate this Lease or,at Owner's option, to charge Tenant for extra insurance premiums required on the Real Estate on account of the increased risk caused by Tenants 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 Owner from and against, and Owner 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 attorneys 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 Owner, 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 Owner, at Tenant's own cost and expense, insuring Owner and Tenant from all claims, demands or actions; such policy or policies shall in addition to insuring Tenant protect and name the Owner and Owner's managing agent as additional insured and shall provide coverage in a combined single limit per occurrence of at least $1,000,000.00 and $2,000,000.00 in the aggregate 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 Tenants business in the Premises,or arising out of and connected with the use and occupancy of time Real Estate byte Tenant All such insurance shall provide that Owner shall be given a minimum of ten (10) days notice by the insurance company prior to cancellation,termination or change of such 5 t 4 u o e dY4vanswermaie-ff n at i o26 taxes bl'd e£9:60 U. 60 Uef state or the Premises. (b) Install and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 insurance. Tenant shall provide Owner 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, Owner may, but shall not be obligated to,obtain such insurance and keep the same in effect,and Tenant agrees to pay Owner,upon demand,the premium Cost thereof, 15. DAMAGE BY FIRE OR OTHER CASUALTY. If, during the term of this Lease,the Premisee 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, Owner 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 Owner elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Owner 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. It 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 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 Owner 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 Owner 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 Owner, 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 shag constitute a default or a breach of this Lease by Tenant (a) If Tenant fails to pay Owner any rent or other payments when due hereunder; (b) If Tenant vacates or abandons the Premises, or if Tenant does not continuously operate its business on the Premises in accordance with the provisions of paragraph 20 of this Lease; (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 of Tenant, and such the Tenant, or if a receiver or trustee shall be appointed of all or substantially all ofproperty 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 Owner,and if such nonperformance shall continue for a period of ten(10)days after notice thereof by Owner to Tenant; time being of the essence, except that no such notice shall be required if the Premises are abandoned. 18. EFFECT OF DEFAULT. In the event of any default or breach hereunder, in addition to any other right or remedy available to Owner, either at law or in equity, Owner may exert any one or more of the following rights: 6 H or A4winesryleYkase rLtu6111ace £l'd eZ9:60 U. 60 Uef cancellation,termination or change of such 5 t 4 u o e dY4vanswermaie-ff n at i o26 taxes bl'd e£9:60 U. 60 Uef state or the Premises. (b) Install and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 (a) Owner 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 Owner,at the risk and expense of Tenant, (b). Owner may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Owner's retaking will not terminate the Lease. On termination, Owner 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 had not been terminated which sum shall be immediately due Owner from Tenant. (c) Owner may relet the Premises or any part thereof far any term without terminating this Lease, at such rent and on such terms as it may choose. Owner may make alterations and repairs to the Premises. In addition to Tenant's liability to Owner for breach of this Lease,Tenant shall be liable for ail 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 Owner from Tenant. The amount due Owner will be reduced by the net rent received by Owner during the remaining term of this Lease from reletting the Premises or any part thereof. If during the remaining term of this Lease Owner receives more than the amount due Owner under this sub-paragraph,the Owner 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 Owner. 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 Owner 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 two times the monthly rent specified in the lease immediately before termination. 20. CONTINUOUS USE AND OCCUPANCY. Tenant agrees,and it is the essence of this Lease,that during the Lease term Tenant shall conduct and operate the business for which the Premises have been leased in full compliance with provisions set forth herein unless prevented from doing so by reason of fire or other casualty,to include: (a) Continuously and uninterruptedly operate the business in a reputable manner for the entire Lease term without interfering with the conduct of business of other tenants. (b) Conduct said business on the entire Premises and not assign or sublet any part or portion thereof except as provided for at Paragraph 6 herein. (c) Actively operate and manage the business for which the Premises have been leased, at a minimum during usual and customary hours of Seventy-four Pacific Plaza, L.L.C. as established in the rules and regulations provided by Owner. Tenant's normal hours of operation are Monday through Thursday 11 A.M. to B P.M.,Friday 11 A.M.to 9 P.M., Saturday 11 A.M.to 8 P.M., and Sunday 1 P.M.to 5 P.M. These hours of operation are hereby approved by Landlord for the term and all options and extensions of this Lease. 21. SUBORDINATION AND ATTORNMENT. Owner 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 Owner, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Owner upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute,acknowledge,and deliver to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 • 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 Owner under this Lease. The purchaser, by virtue of such foreclosure, shall be deemed to have assumed, as substitute Owner, the terms and conditions of this Lease until the resale or other disposition of its interest Such assumption, however,shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Owner. 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. 22. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Owner at Seventy-four Pacific Plaza, LLC., do Michael Huber & Associates, Inc., 220 N. 891h Street, Suite 201, Omaha, NE 68114 and also to Tenant at 1006 South 7401 Plaza, Omaha, NE 68114. Each such notice shall be deemed to have been given at the time it shall be personally delivered or posted to such address or deposited in the United States mat in the manner prescribed herein, except that a notice from either party which changes the address to which notice is given shall not be effective unless the other party acknowledges receipt of such notice in writing. 23. COMPUANCE 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. 24. , 711.-/ "'� This paragraph intentionally stricken. 25. 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 parfies and may be amended only by subsequent written agreement. (c) Waiver - None. The failure of Owner 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 Owner which Owner is not obligated to do hereunder shall not impose any future obligation on Owner nor otherwise amend any provisions of this Lease. (d) Acceptance of Rent No Waiver. The receipt of rent by Owner with actual or imputed knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease shall not be deemed to be a waiver of any provision of this Lease. 8 xuoero ermr.to:s,o.Qx 1.I,•d e0g:60 I. 60 per Seventy-four Pacific Plaza, L.L.C. as established in the rules and regulations provided by Owner. Tenant's normal hours of operation are Monday through Thursday 11 A.M. to B P.M.,Friday 11 A.M.to 9 P.M., Saturday 11 A.M.to 8 P.M., and Sunday 1 P.M.to 5 P.M. These hours of operation are hereby approved by Landlord for the term and all options and extensions of this Lease. 21. SUBORDINATION AND ATTORNMENT. Owner 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 Owner, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Owner upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute,acknowledge,and deliver to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 (e) Partial Payment. if Tenant shalt make payment of arty amount less than due hereunder, Owner, without notice,may accept the same as a payment on account and Owner shall not be bound by any notation on any check involving such payment or by any statement in any accompanying letter. (f) Owner's Signs. During the three(3) months next preceding the expiration of this Lease, Tenant shall permit Owner's signs or notices indicating that the Premises are to let to be posted and remain on the Premises. (g) Independent Business. Tenant acknowledges that the success of its business operation is independent of other tenants in the Property and that Tenant does not rely on the presence or absence of any other tenants of Seventy-four Pacific Plaza,LLC,whether now or in the future. (h) Additional Air Conditioning. It is understood and agreed between Owner and Tenant that there will be no air conditioning,as designed for the premises except as currently exists in the premises. If air conditioning of greater tonnage or capacity is required by Tenant's use and operation of the Premises, all necessary equipment to provide such additional air conditioning shall be supplied and paid at the sole expense of Tenant. Tenant may remove any additional units so installed upon termination of this Lease, PROVIDED HOWEVER, that Tenant reimburse Owner for the cost of roof patches, removal of associated ductwork,grills,diffusers,wiring,refrigerant and gas lines installed on account of the additional units. (i) 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 method of computation of rent nor other provisions contained herein,nor any act of the patties hereto,shall be deemed to create any relationship between the parties hereto other than the relationship of Owner and Tenant. (jj) No Surrender. No surrender of the Premises by Tenant shall be affected by Owner's acceptance of the keys to the Premises or of the rent due hereunder,,or by any other means whatsoever,without Owner's written acknowledgment that such acceptance constitutes a surrender. (k) Captions. The captions of the various paragraphs in this Lease are for convenience only and do not define,limit,descrbe,or construe the contents of such paragraphs. (i) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (m) 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. (n) Rules & Regulations. Tenant has been provided with a copy of the Rules and Regulations for Seventy-four Pacific Plaza, LL.C.and agrees to be bound by and comply with such Rules and Regulations. Owner shall have the right to change such Rules and Regulations upon two weeks written notice. (o) Appurtenances. No awning or other projection shall be attached to the outside of the Premises or the building in which the Premises are located without,In each instance,the prior written consent of Owner. (p) Sales Outside Premises. Tenant shall not use the sidewalks,parking area, or any other common use area for sale or display purposes and shall not conduct an auction, fire, bankruptcy or selling out sate on Or about the Premises without the prior written consent of Owner. 9 nwarr<irestileslease-GnaLiozno.da OL'd e0g:60 Li, 60 Uer lace 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 Owner, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Owner upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute,acknowledge,and deliver to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 (q) Misuse of Premises. Tenant shall not abuse or damage the walls,ceiling partitions,floors,wood, stone or ironwork, nor shall Tenant use the plumbing for any purpose other than that for which constructed. Tenant shall repair and restore at its expenses all damage occasioned by the removal of fixtures,shelves,cabinets or other items affixed to the Premises. (r) Noise. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside the Premises without the prior written consent of Owner. (s) Water Pipes. Tenant shag keep the Premises at a temperature sufficiently high to prevent the freezing of water pipes and/or fixtures. (t) Sleeping Quarters. Tenant shall not use or permit the Premises to be used for living quarters or sleeping accommodations for either human beings or pets of any kind. (u) Pest Extermination. Tenant shall keep the Premises clean and free of all bugs, insects, rodents or other such pests and,if necessary, employ at Tenant's own expenses the services of an established pest control company to control and eradicate such pests. Excluded herefrom would be the cost to repair or exterminate existing pests or damage,including but not limited to termites or termite damage. (v) No Management Contract. Tenant shall not enter into any management contract or other relationship whereby Tenant or its employees are in less than direct and immediate management of the Premises and the business operated therein without the prior written consent of Owner. Nothing in this Lease shall be construed as creating any duty on the part of Owner to consent to any proposed management contract or other proposed relationship, it being understood that the decision to consent or not to consent shall be made in the Owner's sole discretion. 26. BROKERS. The brokers involved in this transaction are: Agent for Owner is Mr.Jerry Huber of Investor's Realty, Inc. Agent for Tenant is Mr.John Dickerson of Investor's Realty,Inc. Owner and Tenant acknowledge that Investor's Realty,inc.is being paid a fee by Owner. Michael A. Huber, Managing Member of Seventy-four Pacific Plaza, L.L.C. is licensed for real estate brokerage in the State of Nebraska. 27. SIGNAGE. Except as provided in paragraph 36 0), Tenant shall be required to have signage on the canopy in front of the Premises, at Tenant's sole cost and such signage shalt be installed, complete with electrical wiring, on or before Tenant opens for business. Tenant's signage on the canopy above the front of the Premises will be individual, back lit, box letters or other signage acceptable to Owner in Owner's sole discretion, The size and location of the signage will be subject to Owner's approval, and prior to installation of the signage, Tenant shall submit its signage plan to Owner for Owner's approval. Tenant shall not authorize any sign installation until receipt of Owner's written approval of the canopy sign and until Tenant has an approved sign permit from the City of Omaha. The canopy signage shall be illuminated from dusk to midnight,or longer,in Tenant's discretion. Tenant's signage on the shopping center pylon sign, if any, shall also be subject to Owner's approval, in Owner's sole discretion. Prior to installation of any pylon signage,Tenant shall submit its signage plan to Owner for Owner's approval. Tenant shall not authorize any sign installation until receipt of Owner's written approval for any pylon signage. In the event the City of Omaha requires Owner to remove the pylon sign the cost of any such removal shall be Owner's sole responsibility and Owner shall have no liability or obligation to Tenant for the cost Of Tenant's signage, the loss of use of the pylon sign, or any other loss or consequential damage related to the removal of the sign. 90 6'd e09:60 ll 60 Uef bject and subordinate to any liens and encumbrances now or hereafter imposed by Owner upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute,acknowledge,and deliver to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 Tenant shall be solely responsible for paying for all Tenant signage whether on the canopy above the front • of the Premises or on the shopping center pylon sign. Tenant shall be solely responsible for, and shall pay for, removing ail Tenant signage at the expiration of this Lease agreement In addition, Tenant shall pay for any damage to the canopy above the store front and any damage to the pylon sign, If Tenant's installation, use,or removal of signage causes such damage. Should Tenant install any signage on the sign channel above Tenant's store front, then upon removal of the signage, at the expiration of this lease or otherwise,Tenant shall replace the metal front of the sign channel with a new metal front of the same color as the sign channel metal. Tenant's Security Deposit may be used, in Owner's discretion,to pay for the removal of Tenant's canopy sign,the installation of a new metal front on the sign channel,and/or the removal of Tenant's sign from the pylon sign. No signs, advertising, promotional materials, etc. shall be installed, hung up on, attached to the store front glass of the premises without the Owner's written consent Tenant has signs on windows and a sidewalk sign used at the current location,which require advanced approval with this Lease, 28. EXHAUST FANS. In the event there are exhaust fans located on the roof of the Premises which are used for the Premises, Tenant shall be responsible for keeping any and all grease from any Tenant processes (e.g.,food preparation)from exhausting onto the root The cost of repairing or replacing of any such exhaust fans or the cost of any roof repairs related to the exhaust fans,including repairs related to the existence of grease in or from the fans,shall be borne solely by Tenant. 29. NON-DISTURBANCE. If there are odors of any type created by Tenant's use and occupancy of the Premises, Owner reserves the right to require ventilation of the Premises so that Tenant's use of the Premises does not disturb neighboring Tenants. Any required ventilation which is directed by Owner shall be installed at the expense of Tenant. 30. EXCLUSIVE USE. Owner grants Tenant the exclusive right to operate a wine store for the sale of wine and wine accessories in Seventy-four Pacific Plaza. Owner agrees that during the term of this Lease,including any option terms, Owner will not lease any other bays within Seventy-four Pacific Plaza for the purpose of operating a wine store for the sale of wine and wine accessories,or for the purpose of operating an off sale or package liquor store. The provisions of this paragraph shall not apply to existing tenants on the date of the execution of this Lease. The provisions of this paragraph shall not apply to a bar and/or a restaurant. 31. CONDITIONS. This Lease shall be conditioned upon the occurrence of each of the following events within the time specified: (a) Tenant obtaining a valid and current liquor license covering the Premises for the sale of wine and beer on or before December 1,2010. (b) Franchisor's approval of this Lease on or before November 10,2010. (c) Landlord's review and acceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 this Lease Tenant shall,if requested to do so by Owner,remove the window tinting and restore the Windows to their original condition. 33. FIRST MONTH'S RENT. Upon execution of this Lease Tenant shall deliver$2,313.00 to Owner to be held towards payment of the first month's rent,which amount shall be applied to rent on July 1,2011. 34. FIRST OPTION TO EXTEND LEASE. if the Tenant is not in default and this Lease shall be in force and effect on the date for the expiration of the initial term hereof,and the Tenant on that date shall have fully performed all of its obligations hereunder,the Tenant shall have the right,at its option, to extend this Lease for one additional five year option term, commencing July 1, 2016 and ending June 30, 2021 (the "first option term"), as follows: (a) The Base Rent during the first option term shall be as follows: Period Monthly Amount Annual Amount Rent PSF July 1,2016-June 30,2017 $2,465.00 $29,580.00 $16.25 July 1, 2017-June 30,2018 $2,465.00 $29,580.00 $16.25 July 1, 2018-June 30,2019 $2,465.00 $29,580.00 $16.25 July 1,2019-June 30,2020 $2,540.00 $30,480.00 $16.75 July 1,2020-June 30,2021 . $2,540.00 $30,480.00 $16.75 To exercise such option, the Tenant shall notify the Owner in writing, at any time during the initial term of this Lease, but not later than nine (9) months prior to the expiration of such initial term, of the Tenants exercise of this option. (b) All other terms and of this Lease, except for paragraph 31, shall remain in full force and effect during the first option term. 35. SECOND OPTION TO EXTEND LEASE. if the Tenant is not in default and this Lease shall be in force and effect on the date for the expiration of the first option term, and the Tenant on that date shall have fully performed all of its obligations hereunder,the Tenant shall have the right,at its option,to extend this Lease for one additional five year option term, commencing July 1,2021 and ending June 30,2026(the'second option term"), as follows: (a) The Base Rent during the second option term shall be as follows: Period Monthly Amount Annual Amount Rent PSF July 1,2021 -June 30, 2022 $2,616.00 $31,392.00 $17.25 July 1,2022-June 30, 2023 $2,616.00 $31,392.00 $17.25 July 1,2023-June 30,2024 $2,616.00 $31,392.00 $1725 July 1,2024-June 30,2025 $2,692.00 $32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 ... ._ -;mot _ JAN 1 0 2011• iVE��, (a) New store front glass and entry door; C3�r {b) New 7-112 ton roof top HVAC unit complete with ductwork distribution system; (c) 2 new ADA compliant restrooms complete; (d) New storage room with floor sink, hand sink, installation of Tenant supplied 3-well sink, new 30- gallon gas water heater,and FRP on all walls; (e) 1 new electric panel complying with Tenant specifications attached; (f) Building and sheet rocking, ready for paint,all walls and demising walls in the Premises; (g) Painting the roof deck and the walls above 10' flat black and painting the walls below 10' to the floor a color selected by Tenant; (h) Electrical to include seven (7) receptacles in the storage room, wiring and switching for approximately twelve (12) pendant mounted light fixtures, wiring and switching for five (5) sections of track lighting (lighting fixtures by others),and approximately ten(10)duplex receptacles in the sales floor area for miscellaneous equipment,cutting the floor and installing wiring and conduit to an island cash registerfpoint of sale counter,and, (i) Repair the floor to provide a clean and smooth concrete floor surface. U) Tenant shall provide and install track lights and pendant mounted light fixtures; floor coverings; cabinetry for the checkout counter/register location, wiring and conduit for voice and data systems, display racks/cases,furniture and personal property. Tenant shall have beneficial access beginning February 1,2011,to do Tenant's work. (k) See Exhibit°A'for floor plan. Floor plan is subject to City of Omaha approval. Improvements will be constructed in accordance with Exhibit"A". (I) Relocate Tenant's existing canopy signage from Tenant's current store at 1110 South 71u Street, Omaha,Nebraska,using Landlord's sign contractor. Until this Lease is executed on behalf of all parties hereto, it shall be construed as an offer to lease by Tenant to Owner. IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. OWNER: TENANT: Seventy-four Pacific Plaza, LL.C. IT'S Possible, L.L.C. • By: Michael . Huber,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 RE'CEIVEC PERSONAL GUARANTEE JAN 101' The undersigned hereby absolutely and unconditionally guarantee unto the O rrPk i t 4if:. and the performance of all of the covenants under the lease and all extensions and renewals thereof by the en- 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 Owner, or by any assignment or modification of this lease,except as set forth in paragraph 6 of the Lease. Dated this day of October,2010. Robert M.Bolden • Home Address: Street la 33 r Poe?le-t•t`' kfi)& City,State,Zip albgtok, Social Security Number • 14 HutevR4►inesgicsieasednet102610.6x b'd eeb:60 l6 60 Uef PUBLIC WORKS DEPARTMENT REPORT DATE: JANUARY 20,2011 DUE DATE: JANUARY 27,2011 CITY COUNCIL HEARING FEBRUARY 8, 2011 APPLICANT: IT'S POSSIBLE,LLC,DBA"WINESTYLES" LOCATION: 1006 SOUTH 74TH PLAZA REQUESTED LICENSE OR ACTION: CHANGE OF LOCATION OF THEIR PRESENT CLASS "C"LIQUOR LICENSE FROM 1110 SOUTH 71ST STREET,SUITE K DESIGNATION OF ADJACENT STREET (LOCAL,COLLECTOR,MINOR OR MAJOR ARTERIAL EXPRESSWAY): MCJ C V 14(4e r STREET WIDTH AND PROFILE: ---LL rl S; and i V(oLPd- c a' SPEED LIMIT: rY)ph `J AVERAGE DAILY TRAFFIC AND PEDESTRIAN FLOW:3d,(? i Ve_hs/La.kj Met ACCIDENT REPORT AT ADJACENT INTERSECTION: 1 4-1 h d- c ;c S ri e.-; C61f6i/o -/�3//�9� C?cc�c� �-. 73rd ei C/c ree9-3- Qccicinf . ~7 d-�C2 c i-�';c St-red- - 4 acct.c .6 - POTENTIAL TRAFFIC AND PARKING PROBLEMS:LY7}Q� i/ (Authorized ignature) (Date) hting (lighting fixtures by others),and approximately ten(10)duplex receptacles in the sales floor area for miscellaneous equipment,cutting the floor and installing wiring and conduit to an island cash registerfpoint of sale counter,and, (i) Repair the floor to provide a clean and smooth concrete floor surface. U) Tenant shall provide and install track lights and pendant mounted light fixtures; floor coverings; cabinetry for the checkout counter/register location, wiring and conduit for voice and data systems, display racks/cases,furniture and personal property. Tenant shall have beneficial access beginning February 1,2011,to do Tenant's work. (k) See Exhibit°A'for floor plan. Floor plan is subject to City of Omaha approval. Improvements will be constructed in accordance with Exhibit"A". (I) Relocate Tenant's existing canopy signage from Tenant's current store at 1110 South 71u Street, Omaha,Nebraska,using Landlord's sign contractor. Until this Lease is executed on behalf of all parties hereto, it shall be construed as an offer to lease by Tenant to Owner. IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. OWNER: TENANT: Seventy-four Pacific Plaza, LL.C. IT'S Possible, L.L.C. • By: Michael . Huber,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 PLANNING DEPARTMENT REPORT JJ��, DATE: JANUARY 20,2011 DUE DATE: Flkleet 2� , 2011 CITY COUNCIL HEARING FEBRUARY 6! 2/ 26 AM �: o LOCATION: 1006 SOUTH 74TH PLAZA Aqq�{CITY CLERK pt p �Y`I��kt, �iL.FEYHaf�td LEGAL DESCRIPTION LOT 2,BLOCK 0, SEVENTY-FOUR PACIFIC PLAZA, IRREGULAR 49998 SQUARE FEET APPLICANT: IT'S POSSIBLE, LLC,DBA "WINESTYLES" REQUESTED LICENSE OR ACTION CHANGE OF LOCATION OF THEIR PRESENT CLASS "C" LIQUOR LICENSE FROM 1110 SOUTH 71ST STREET, SUITE K NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: WINE STORE THIS REQUEST DOES() - - - DOES NOT(X) PERTAIN TO AN UTSIDE AREA IF SIDEWALK CAFE: R O W LEASE /,4/I PERMITS OBTAINED /v4 / IF OUTSIDE: OUTSIDE AREA IS /SQ FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( )WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) (Except Class D-1 Package Liquor License) ******************************************************************************************************** ANNEXATION DATE: ORDINANCE NO. (Only if nwithin last 24 m hs) EXIST G ZONING: EXITING LAND USE: ..�it 1 v..y.1_ 2 AD ACENT LAND U E AN ZON G: ' N R � 524 - - ` --1I � �J ._ 1 S 1 \c ` S zILA-\ 2 f cST ci ��L_ !� , A : �--� c Js7 ` i �c--� f- �.6�) \ < <J F� WES . lk./ZA. \ c l A- -(i4 ( ) c,S—F21c`t _�. PARKING STALLS PROVIDED: • A2 S?i i > WA 1-P I e___ EXISTING USE DOES(it DOES NOT( )COMPLY WITH ZONING REG ONS PLUMBING FIXTURES PROVIDED: WOMEN'S C)(VL_ o MEN'S � -. t DATE SUBJECT PROPERTY WAS POSTED: 1 "2 5" l ( / `^e-- (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 6 DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: O t--' (Stat aw) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 0 J SCHOOL 4..._-- HOSPITALS ME FOR THE AGED,INDIGENT OR VETERANS COLLEGE OR UNIVERSITY 6 (Authorized Signature) (Da�e) ,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 City of Omaha SAle bras aat iriAnWAV riael 1819 Farnam Suite LC 1 Omaha, Nebraska 68183-0112 0 ;.•_: Buster Brown (402) 444-5550 it`i0 o ti City Clerk FAX (402) 444-5263 'p9TFD fiEBR�� February 1, 2011 It's Possible, LLC Application for a Change of Location of Dba"WineStyles" your present Class "C" Liquor License to 1110 South 71st Street, Ste K 1006 South 74th Plaza Omaha,NE 68106 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 February 15, 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. Sincerely yours, Buster Brown City Clerk BJB:clj ._ 1 S 1 \c ` S zILA-\ 2 f cST ci ��L_ !� , A : �--� c Js7 ` i �c--� f- �.6�) \ < <J F� WES . lk./ZA. \ c l A- -(i4 ( ) c,S—F21c`t _�. PARKING STALLS PROVIDED: • A2 S?i i > WA 1-P I e___ EXISTING USE DOES(it DOES NOT( )COMPLY WITH ZONING REG ONS PLUMBING FIXTURES PROVIDED: WOMEN'S C)(VL_ o MEN'S � -. t DATE SUBJECT PROPERTY WAS POSTED: 1 "2 5" l ( / `^e-- (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 6 DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: O t--' (Stat aw) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 0 J SCHOOL 4..._-- HOSPITALS ME FOR THE AGED,INDIGENT OR VETERANS COLLEGE OR UNIVERSITY 6 (Authorized Signature) (Da�e) ,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 t • (01745i.HA, VI %// e4�Cit o Omaha N�ebras aleirerViaa ' 1819 Farnam—Suite LC 1 n® rt rim Omaha, Nebraska 68183-0112 0� Buster Brown (402) 444-5550 A ne' City Clerk FAX (402) 444-5263 0�94‘D FE, 9. `A February 1, 2011 It's Possible, LLC Application for a Change of Location of Dba"WineStyles" your present Class "C" Liquor License from 1006 South 74th Plaza 1110 South 71st Street, Suite K Omaha, NE 68106 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 February 15, 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. Sincer y yours, Buster Brown City Clerk BJB:clj ANY EXISTING LICENSE: O t--' (Stat aw) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 0 J SCHOOL 4..._-- HOSPITALS ME FOR THE AGED,INDIGENT OR VETERANS COLLEGE OR UNIVERSITY 6 (Authorized Signature) (Da�e) ,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 /(1-cihc- . "/ec L. V'// NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that IT'S POSSIBLE, LLC DBA "WINESTYLES" 1110 SOUTH 71ST STREET, SUITE K has applied for a CHANGE OF LOCATION OF THEIR PRESENT CLASS "C" LIQUOR LICENSE [On and Off Sale beer,wine and liquor] AND CATERING LIQUOR LICENSE to be located at 1006 SOUTH 74TH PLAZA The Omaha City Council will hold a public hearing regarding this application on Tuesday, FEBRUARY 15, 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. 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. Sincer y yours, Buster Brown City Clerk BJB:clj ANY EXISTING LICENSE: O t--' (Stat aw) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 0 J SCHOOL 4..._-- HOSPITALS ME FOR THE AGED,INDIGENT OR VETERANS COLLEGE OR UNIVERSITY 6 (Authorized Signature) (Da�e) ,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 _ A OUR RIVER TITLE ct • January 19, 2011 c7 City of Omahas l�n? City Clerk r-- 1819 Farnam Street !' '- Omaha,NE 68183 . to RE: It's Possible, L.LC, dba WineStyles To Whom It May Concern: We,the undersigned have conducted a five hundred foot(500')radius search excluding streets, avenues, and alleys of real property owners/taxpayers from subject property located at 1006 S 74th Plaza and legally described as: Lot 2, Seventy-Four Pacific Plaza,An Addition to the City of Omaha,As Surveyed,Platted and Recorded in Douglas County,Nebraska. The record owners/taxpayers of real property within said radius and their mailing address are attached to this letter. The effective date of this examination is January 10, 2011 Any liability or damages relating to this search shall be limited to the amount paid for the search. Mark P. Reynolds Registered Abstracter 11317 Davenport• Omaha, NE 68154 (402) 333-1025 • Fax (402) 333-1873 www.missouririvertitle.com CLERK,444-5557,IF ARRANGEMENTS NEED TO BE MADE. 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. Sincer y yours, Buster Brown City Clerk BJB:clj ANY EXISTING LICENSE: O t--' (Stat aw) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 0 J SCHOOL 4..._-- HOSPITALS ME FOR THE AGED,INDIGENT OR VETERANS COLLEGE OR UNIVERSITY 6 (Authorized Signature) (Da�e) ,Managing Member By:Robert M. Bolden,Managing Member 13 9'd egt7:60 11 60 Uer 32,304.00 $17.75 July 1,2025-June 30,2026 $2,692.00 $32,304.00 $17.75 To exercise such option,the Tenant shall notify the Owner in writing, at any time during the first option term of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 Easy Peel®Labels 1 ♦ IMMO Bend along line to 1 CA AVERY® 5160® ' Use Avery®Template 5160® j Feed Paper �� expose Pop-Up EdgeTM A ' 'Papio Missouri River Natural Nebraska Furniture Mart LK Company,LLC Resources do Randy Denniston do Investors Realty 8901 S 154th St. 700 S 72"d St. 11301 Davenport St. Omaha, NE 68138 Omaha,NE 68114 Omaha,NE 68154 First National Bank of Omaha Omaha School District 66 Peter J. Fink, etal Facility Management 909 S 76th St. 1801 S 54th St. 15 Floor 1620 Dodge St. Omaha, NE 68114 Omaha,NE 68106 Omaha, NE 68102 818 South 75 DRD LLC Donald L. Ash, etal Leon E. Fellman, etal 9462 Dewey Cr. 900 S 75th St. c/o Tom Fellman Co. h Omaha, NE 68114 Omaha, NE 68114 809 N 96 St. Omaha,NE 68114 First Data Resources,Inc. 1005 Building Inc. Howard Street Apartments do Tax Dept. C36 8405 Indian Hills Dr. 5a4 809 N 96th St. PO Box 3868 Omaha, NE 68114 Omaha,NE 68114 Englewood, CO 80112 Peaches Plaza Inc. FNT Accommodator XXVII LLC Douglas K. Lippold, etal 16508 Lake Park Dr. do 1st American Comm Real Est do Michael Huber& Assoc. South Bend, NE 68058 PO Box 167928 220 N 89th St. #201 Irving, TX 75016 Omaha,NE 68114 JDM Properties LLC Mark Van Arsdel, etal Curzon Advertising& Display c/o Investors Realty 7202 Pacific St. 1013 S 75th St. 11301 Davenport St. Omaha, NE 68114 Omaha, NE 68114 Omaha, NE 68154 Patricia Lonergan Ferguson Mccreary LLC Nancy E. Griffith, etal 5628 Jones St. 1116 S 48th St. 719 S 75th St. Omaha, NE 68106 Omaha, NE 68106 Omaha, NE 68114 Michael P. Gordon, etal Elite Properties LLC Mariela Real Estate LLC 8420 S 42nd St. do Gregory A. Bogart 616 S 75th St. 7344 Grant St. Bellevue,NE 68147 Omaha,NE 68134 Omaha,NE 68114 Mac Rentals 704 LLC Bacon Building Partnership LL Foley Real Estate Holdings LL 704 S 75th St. 730 S 75th St. 740 S 75th Ave. Omaha, NE 68114 Omaha, NE 68114 Omaha,NE 68114 O'daniel Motor Center Inc. Jere D. Detter 123 Beverly Dr. 808 S 75th St. I Omaha, NE 68114 Omaha, NE 68114 Utilisez le gabarit AVERY®5160® j chargement reveler le rebord Pop-UpTM 1 1-800-GO-AVERY i of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1 i W nC1G7 N OIQ .1 O E v' 9 .n 1-4` • n 0 LA p d ON -0 C/) N o S Q- °h ,CDcu- r - vo O v N b n to C z , a, 'c•• c° ° CD • , � N P O �-. fected by an extension of time for payment,by any forbearance by the Owner, or by any assignment or modification of this lease,except as set forth in paragraph 6 of the Lease. Dated this day of October,2010. Robert M.Bolden • Home Address: Street la 33 r Poe?le-t•t`' kfi)& City,State,Zip albgtok, Social Security Number • 14 HutevR4►inesgicsieasednet102610.6x b'd eeb:60 l6 60 Uef / - — THE DAILY �Ru�E�CORD -NOTICE TO PUBLIC' OF OMAHA Notice is hereby given that It's Possible, LLC, dba "WineStyles", 1110 South 71st RONALD A. HENNINGSEN, Publisher Street, Suite K, has filed applicationh for a PROOF OF PUBLICATION Change of Location offtheir present license to sell beer, wine and liquor for consumption On and Off the premises to be located at 1006 South 74th Plaza, legally de- UNITED STATES OF AMERICA, scribed as follows: Lot 2,Block 0,Seventy-Four Pacific Plaza, The State of Nebraska, ss. irregular 49998 square feet,City of Omaha, District of Nebraska, Douglas County,Nebraska. That in accordance with provisions of County of Douglas, Section 53-1311,Nebraska Liquor Control Act, City of Omaha, as amended, hearing upon said application will be held in the Legislative Chamber,Om- aha/Douglas Civic Center, 1819 Famam Street, J. BOYD Omaha, Nebraska, on Tuesday, February 15, 2011, at 2:00 o'clock P.M., at which beingdulysworn,deposes and says that she is time the City Council shall receive evidence p y either orally or by affidavit from any person bearing upon the propriety of the issuance LEGAL EDITOR of said license. BUSTER BROWN, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and 2 7 11 City Clerk published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on February 7, 2011 That Nevi�er during that time was r: arly fished and in g_ a dtcfilrcuq t�io�3Jin the County of Douglas, . ..to of Nebraska. �*c.)- ERtiE �; A If 1 NpTARY �i Subscribed in my pence an. sworn to .=o • Y,ubViBheE9 ssIc 26706 me this7th d y of y", Rf Februa y 11 AlditiOpal Copies $ j '! 1 JT 1I'ota�� .•� c ,.:00 4 F� � F N -�• Notary Pu. • in4 •a fO/a 0 t County, . ai- of Ne.raska tor Center Inc. Jere D. Detter 123 Beverly Dr. 808 S 75th St. I Omaha, NE 68114 Omaha, NE 68114 Utilisez le gabarit AVERY®5160® j chargement reveler le rebord Pop-UpTM 1 1-800-GO-AVERY i of this Lease, but not later than nine (9) months prior to the expiration of such first option term, of the Tenant's exercise of this option. (b) Ail other terms and of this Lease, except for paragraph 31, shalt remain in full force and effect during the second option term. 36. TENANT IMPROVEMENTS. Owner to provide improvements to the Premises, as per the attached floor plan, as follows: 12 HY6etiNnnst,ies.laaso-ryrrl,10I61Q.0ae L'd e6t7:60 ll 60 Uef cceptance of financial information for Tenant and Guarantor, including business and personal financial and operating statements on or before November 10,2010. Each party agrees that time is of the essence with respect to the satisfaction of the above conditions and agrees to diligently and in good faith take whatever actions are necessary to accomplish the occurrence of the above stated conditions at the earliest possible date. In the event any;.of the above-referenced events do not occur within the time specified then either party may elect to terminate this Lease,or the parties may agree to extend the time period for the occurrence at such condition or waive any such condition. 32. WINDOW TINT. Tenant shall be permitted,at Tenant's cost, to tint the windows in the Premises as necessary for protection of inventory. Landlord shall have final approval of window tinting. Upon termination of 11 >w►4.1744.0.4.s.fintia25104oe s'd e6t,a0 l.l. 60 uer to Owner,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 Owner. 7 rw�,nar�egaec-r,s.�,x iarea.o« z6'd e1S:60 t.l 60 Uer and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the ruses of the United States Post Office Department. 4 Hvberguelestlaplimse4n0.102310.0ce g t•d e£9:60 l L 60 Uer and Robert M.Bolden shall be relieved of all liability under the Personal Guarantee. Exhibit 2-U wilt be executed by the Franchisor,the Tenant/Franchisee and the Landlord with this Lease. 3 nwd,raw,.wyiebece4nark14261 cram g1'd et :60 11 60 Uef -•.i:%.7i.:•..}.'`• .•.a •..n•. ,', '• '"v .•rti....<; J^.1:s"{•.•:i....•t4�'S«7vr''.'4•'4'.•1.::t{lic.Stf"rj�s�.t,r.:f.0�:-.L.:.... `.L:..•...+� '' �t Fortu 3c Page 1