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RES 2011-0558 - Appoint Delilah Mesa manager of Trini's STATE OF NEBRASKA i y as m y Dave Heineman ^' NEBRASKA LIQUOR CONTROL COMMISSION �� Governor I I I� Hobert B. Rupe 1S It�M9R gbh/ f �� : �� Executive Director q\ CH l`-`♦�`� 301 Centennial Mall South,5th Floor C¢j ' Cl P.O.Box 95046 QMAHA f Lincoln,Nebraska 68509-5046 ' lit R;� j Phone(402)471-2571 April 12, 2011 • Fax(402)471-2814 TRS USER 800 833-7352(TTY) web address:http://www.lcc.ne.gov/. City Clerk of Omaha 1819 Farnam LC1 Omaha, NE 68183 RE: Manager Application Submittal Dear Sir/Madam: The corporation Trini's Inc DBA Trini's submitted the enclosed Application for Corporate Manager and has liquor license(s) Class 12207. The applicant's name is Delilah Mesa. Please present this application to your City/County Council and return the results of the action taken to our office. If you have any questions or comments, please give me a call at (402) 471 -4881 . Sincerely, i)1 ackie B. Matulka Licensing Division Enclosure Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper 046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, I Buster Brown City Clerk BJB:clj (State Law) DISTANCE OF PROPOSED LICENSE T, ANY CHURCH D SCHOOL (9 SPITAL d E FOR THE AGED,INDIGENT OR VETERANS UNIVERSITY C) • 4.24.. sou (Authorized Signature) (Date) rofessional generally meeting the above 36 qualifications. 37 38 22.1.2.2 The parties will schedule an arbitration hearing date, and 39 arbitration shall be conducted pursuant to the 40 Commercial Arbitration Rules of the American Arbitration 41 Association ("AAA"); provided however, that not less than 42 sixty (60) days before the arbitration hearing date, the 43 parties shall participate in good faith in a mediation 44 conducted pursuant to the Commercial Mediation Rules '5 of AAA. If the parties so agree before the mediation 1 1/05/2001 33 quire its contractors and subcontractors to comply 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 MANAGER APPLICATION t —Tr s r Office Use INSERT-FORM 3c Aidop !col- CopO !/4mager NEBRASKA LIQUOR CONTROL COMNIISSIO 301 CENTEN46 ba6 NIAL MALL SOUTH ciferent �� f�na� LINCOLN, 950 P NCOLN,NE 68509-5046 PHONE:(402)471-2571 FAX:(402)471-2814 Website:www.lcc.ne.2ov ( �l Corporate manager,including spouse,are required to adhere to the foll g requirements f JAB 1 t If spouse filed affidavit of non-participation fingerprints and proof of citizenship not required �gKpatiOR 1 ION 1) Must be a citizen of the United States4V,01, Must be a Nebraska resident(Chapter 2—006) 3) Must provide a copy of birth certificate,naturalization paper or US passport 4) Must submit their fingerprints(2 cards per person) 5) Must be 21 years of age or older 6) Applicant may be required to take a training course J I ),1 Corporation/Limited Liability Corporation(LLC)information Name of Corporation/LLC: N l N � � s Premise information Premise License Number: 1 2-20 (if new application leave blank) Premise Trade Name/DBA: rl i S Premise Street Address: ID 2-0 +6t, )1ri2 > S+ , City: 1 ci,`I.. State: Ni e Zip Code: (CO 10 Premise Phone Number: 40 2— — ( 5 I — (p (0."7 -7 The individual whose name is listed in the president or contact member category on either insert form 3a or 3b must sign their name below. '126uuj CORPO TE OFFICER SIGNATURE (Faxed signatures are acceptable) Form 3c Page 1 with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, I Buster Brown City Clerk BJB:clj (State Law) DISTANCE OF PROPOSED LICENSE T, ANY CHURCH D SCHOOL (9 SPITAL d E FOR THE AGED,INDIGENT OR VETERANS UNIVERSITY C) • 4.24.. sou (Authorized Signature) (Date) rofessional generally meeting the above 36 qualifications. 37 38 22.1.2.2 The parties will schedule an arbitration hearing date, and 39 arbitration shall be conducted pursuant to the 40 Commercial Arbitration Rules of the American Arbitration 41 Association ("AAA"); provided however, that not less than 42 sixty (60) days before the arbitration hearing date, the 43 parties shall participate in good faith in a mediation 44 conducted pursuant to the Commercial Mediation Rules '5 of AAA. If the parties so agree before the mediation 1 1/05/2001 33 quire its contractors and subcontractors to comply 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 • Manager's information must be completed below PLEASE PRINT CLEARLY Gender: ❑MALE El FEMALE Last Name: First Name:7) L//14 h MI: Home Address(include PO Box if applicable): / `71,5 S/Ie&- 1 V City: OM&h State: 4 r 6- Zip Code: 7' Home Phone Number: 0 Z. t9 3'/ 1-/-6-7 Business Phone Number: r 0 2 3 iLb Z9d 0 Social Security Number: _ _ _ _ Drivers License Number&State _ , .,�, Date Of Birth:_ Place Of Birth: Ofl,r'fri/M- /V6A ,9- — Are you married?If yes,complete spouse's information(Even if a spousal affidavit has been submitted) �i YES El NOt(pou,sa � I Spouse's information Spouses Last Name: A4"G First Name: l0/U//Vq O MI: — date:Social Security Number: Drivers License Number& _ _ n n Date Of Birth: r, . , Place Of Birth: c�'�/A Hch`rjF' /V APPLICANT AND SPOUSE MUST LIST RESIDENCE(S)FOR THE PAST 10 YEARS APPLICANT SPOUSE NCITY&STATE YEAR ` , CITY&STATE YEAR FROM TO v FROM TO r/14 4-A 57 2/)i # 7)/(t A ,4/C, /96 f 2OJ 4' MANAGER'S LAST TWO EMPLOYERS YEAR FROM TO NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER 0240 — 0960g1 Nz' h II c N7£H' ,b`i/c s 537 y 2Z-s— »� Oo( 4fbo ,J/ o5eo G41M'/L t2iJ _6 y 22 C Form 3c Page 2 ame below. '126uuj CORPO TE OFFICER SIGNATURE (Faxed signatures are acceptable) Form 3c Page 1 with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, I Buster Brown City Clerk BJB:clj (State Law) DISTANCE OF PROPOSED LICENSE T, ANY CHURCH D SCHOOL (9 SPITAL d E FOR THE AGED,INDIGENT OR VETERANS UNIVERSITY C) • 4.24.. sou (Authorized Signature) (Date) rofessional generally meeting the above 36 qualifications. 37 38 22.1.2.2 The parties will schedule an arbitration hearing date, and 39 arbitration shall be conducted pursuant to the 40 Commercial Arbitration Rules of the American Arbitration 41 Association ("AAA"); provided however, that not less than 42 sixty (60) days before the arbitration hearing date, the 43 parties shall participate in good faith in a mediation 44 conducted pursuant to the Commercial Mediation Rules '5 of AAA. If the parties so agree before the mediation 1 1/05/2001 33 quire its contractors and subcontractors to comply 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 Manager and spouse must review and answer the questions below PLEAS>j PRINT CLEARLY 1. READ PARAGRAPH CAREFULLY AND ANSWER COMPLETELY AND ACCURATELY. Has anyone who is a party to this application,or their spouse,EVER been convicted of or plead guilty to any charge. Charge means any charge alleging a felony,misdemeanor,violation of a federal or state law;a violation of a local law,ordinance or resolution. List the nature of the charge,where the charge occurred and the year and month of the conviction or plea. Also list any charges pending at the time of this application. If mor han one party.please list charges by each individual's name. DYES O If yes,please explain below or attach a separateyage JAN102011 NEBRASKA UOUOR CONTROL COMMIISSION 2. Have you or your spouse ever been approved or made application for a liquor license in Nebraska or any other \ state? IF YES, list the name of the premise. l DYES Ela 3. Do you,as a manager,have all the qualifications required to hold a Nebraska Liquor License? Nebraska Liquor Control Act(§53-131.01) V ES DNO 4. Have you filed the required fingerprint cards and PROPER FEES with this'application? (The check or money \ order must be made out to the Nebraska State Patrol for$38.00 per person) �l XYES ONO `r 1n 3 n r)osLoC (,..J 5. List the training and/or experience(when and where) ( k l r \ Date: Where: Form3c Page3 (Faxed signatures are acceptable) Form 3c Page 1 with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, I Buster Brown City Clerk BJB:clj (State Law) DISTANCE OF PROPOSED LICENSE T, ANY CHURCH D SCHOOL (9 SPITAL d E FOR THE AGED,INDIGENT OR VETERANS UNIVERSITY C) • 4.24.. sou (Authorized Signature) (Date) rofessional generally meeting the above 36 qualifications. 37 38 22.1.2.2 The parties will schedule an arbitration hearing date, and 39 arbitration shall be conducted pursuant to the 40 Commercial Arbitration Rules of the American Arbitration 41 Association ("AAA"); provided however, that not less than 42 sixty (60) days before the arbitration hearing date, the 43 parties shall participate in good faith in a mediation 44 conducted pursuant to the Commercial Mediation Rules '5 of AAA. If the parties so agree before the mediation 1 1/05/2001 33 quire its contractors and subcontractors to comply 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 • PERSONAL OATh AND CONSENT OF INVESTIGATION ;. The above individual(s),being first duly sworn upon oath,deposes and states that the undersigned is the applicant and/or spouse of applicant who makes the above and foregoing application that said application has been read and that the contents thereof and all statements contained therein are true. If any false statement is made in any part of this application,the applicant(s)shall be deemed guilty of perjury and subject to penalties provided by law. (Sec§53-131.01)Nebraska Liquor Control Act. The undersigned applicant hereby consents to an investigation of his/her background inclu r every kind and description including police records,tax records(State and Federal),and bank or lending i tution records,' Ad said applicant and spouse waive any rights or causes of action that said applicant or spouse may have against a ka Liquor Control Commission and any other individual disclosing or releasing said information to the Nebraskit) trol Commission. The undersigned understand and acknowledge that any license issued,based on the inform aditipapplication, is subject to cancellation if the information contained herein is incomplete,inaccurate,or fraud �CA \.I r' \ 0 t...--- . i na ure of ag e P licant S nature 4use g State of Nebraska County of 0 u ' aS County of ' p `- S The foregoing' tru t was acknowledged before The forego' instrumen as acknowledged before me this C 20 t 1 by me this Z.O 1 1 by 1c1 e_ o otary Public signature N tary Public signature 4 LAURA DAVIS 1 LAURA DAVIS ` 1 Genera!Notary 1 Affix SeaS-lere General Notary 1 Affix Here 01 My Commission Expir State o}NebraskaesSep 13,2013 1 � State of Nebraska 1 1 My Commission Expires Sep 13, 2013 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 Form 3c Page 4 36 qualifications. 37 38 22.1.2.2 The parties will schedule an arbitration hearing date, and 39 arbitration shall be conducted pursuant to the 40 Commercial Arbitration Rules of the American Arbitration 41 Association ("AAA"); provided however, that not less than 42 sixty (60) days before the arbitration hearing date, the 43 parties shall participate in good faith in a mediation 44 conducted pursuant to the Commercial Mediation Rules '5 of AAA. If the parties so agree before the mediation 1 1/05/2001 33 quire its contractors and subcontractors to comply 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 Mar 31 11 12: 45p Richard Anderson (4021 344-4398 p. 1 ° Tke. •._ . '`� --- Print Form SPOUSAL AFFIDAVIT OF Office Use NON PARTICIPATION INSERT • NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO ROX 95A46 LINCOLN,NE 68507-SOI6 PIMINF•(An,)d1/.9t71 PAX.(107)471 7814 Website: vWw.icc.neson I acknowledge that I am the spouse of a liquor license holder. My signature below confirmsnhat I will have not have any interest,directly or indirectly in the operation or profit of the business(§53-125(l3))of the Liquor Control Act. I will not tend bar,make sales,serve patrons,stock shelves,write e5,sign invoices or represent myself as the owner or in any way participate in the day to day operations of this business in any capacity. I understand m/fingerprint will not be required;however,I am obligated to sign and disclose any information on all applications needed to process this applicattiio`n. I t - • Signature of spouse asking f r waver tea name psi spouse askingfor waiver (Spouse of individual listed below) State of L County of D p LA a\ - S The foregoing instrument was acknowledged before me this - S I — i ti by DO VYn i 'tn c\o or)e.sa %Air , — _ �� neasovetao�sdediaed . Jan.. 2 Affix Ld AVis 1 General Notary otary Public signature I State of Nebraska 1 My Commission Expires Si* 13,2013 .__7 - w _ - • I acknowledge that I am the spouse of the above listed individual. I understand that.my spouse and I are responsible for compliance with the conditions set out above. If it is determined that the above individual has violated 053-125(13))the Commission may cancel or revoke the liquor license. -�-6, - -acid- Gar c s�- S gnature of individual involved with application Printed name of applying individual (Spouse of individual listed above) State of ti t- County of____D 0 LA C. I r, S The foregoing instrument was acknowledged before me this 3 3 1 - by �1 1.je \ i \ ah Mesa I name of person acllwwlec)Sed • �i i= i 1ti`��` — — U6 Affix Seal ( c)„k ;� 1 LAURA 'AVM 1 N tary Public signature I General Notary 1 State of P braska 40, My Commission Evans Sep 13 91113 4 In compliance with the ADA,this spousal affidavit of non participation is available in other IonatstorrelsahicillhdrO s361i1 s — — A ten day advance period is requested in writing to produce the alternate format FORM 35-4178 Revised lf2ill i I I I I 1 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 CityofOmaha, Nebraska �1/I 1819 Farnam— i 2 ordo•-"vvi i Suite LC 1 ® r Omaha, Nebraska 68183-0112 o ' • Buster Brown (402) 444-5550 .o �t" City Clerk FAX (402) 444-5263 O�'TED FEgR‘31. As. April 26, 2011 Trini's, Inc. Application to appoint Delilah Mesa Dba"Trini's" manager of your present Class "I" 1020 Howard Street Liquor License location Omaha, NE 68102 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application to appoint a manager to the liquor license has been set for May 10, 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 . Jan.. 2 Affix Ld AVis 1 General Notary otary Public signature I State of Nebraska 1 My Commission Expires Si* 13,2013 .__7 - w _ - • I acknowledge that I am the spouse of the above listed individual. I understand that.my spouse and I are responsible for compliance with the conditions set out above. If it is determined that the above individual has violated 053-125(13))the Commission may cancel or revoke the liquor license. -�-6, - -acid- Gar c s�- S gnature of individual involved with application Printed name of applying individual (Spouse of individual listed above) State of ti t- County of____D 0 LA C. I r, S The foregoing instrument was acknowledged before me this 3 3 1 - by �1 1.je \ i \ ah Mesa I name of person acllwwlec)Sed • �i i= i 1ti`��` — — U6 Affix Seal ( c)„k ;� 1 LAURA 'AVM 1 N tary Public signature I General Notary 1 State of P braska 40, My Commission Evans Sep 13 91113 4 In compliance with the ADA,this spousal affidavit of non participation is available in other IonatstorrelsahicillhdrO s361i1 s — — A ten day advance period is requested in writing to produce the alternate format FORM 35-4178 Revised lf2ill i I I I I 1 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 CityofOmaha, Wet5raska rar.13-4Vriri 1819 Farnam— Suite LC 1 2 ' 'r Omaha, Nebraska 68183-0112 0 3 ,. .:. Buster Brown (402) 444-5550 � .,.z- City Clerk FAX (402) 444-5263 0 � 4TFD FIEBR�144` April 26, 2011 Delilah Mesa Application to be appointed manager of the present 1702 North 45th Street Class "I" Liquor License locations for Trini's, Inc., Omaha,NE 68106 dba"Trini's", 1020 Howard Street Dear Liquor License Manager Applicant: This letter is notification that a hearing before the Omaha City Council on your application to be appointed manager of the liquor license has been set for May 10, 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 otary Public signature I State of Nebraska 1 My Commission Expires Si* 13,2013 .__7 - w _ - • I acknowledge that I am the spouse of the above listed individual. I understand that.my spouse and I are responsible for compliance with the conditions set out above. If it is determined that the above individual has violated 053-125(13))the Commission may cancel or revoke the liquor license. -�-6, - -acid- Gar c s�- S gnature of individual involved with application Printed name of applying individual (Spouse of individual listed above) State of ti t- County of____D 0 LA C. I r, S The foregoing instrument was acknowledged before me this 3 3 1 - by �1 1.je \ i \ ah Mesa I name of person acllwwlec)Sed • �i i= i 1ti`��` — — U6 Affix Seal ( c)„k ;� 1 LAURA 'AVM 1 N tary Public signature I General Notary 1 State of P braska 40, My Commission Evans Sep 13 91113 4 In compliance with the ADA,this spousal affidavit of non participation is available in other IonatstorrelsahicillhdrO s361i1 s — — A ten day advance period is requested in writing to produce the alternate format FORM 35-4178 Revised lf2ill i I I I I 1 36 with all applicable federal, state, and local laws, ordinances, rules, and 37 regulations including, but not limited to, the Americans with Disabilities Act 38 ("ADA"), the Equal Employment Opportunity Act, and all regulations promulgated 39 thereunder. 40 1 1/05/2001 31 'III of the obligations of MECA 44 contained in this Agreement. 1 1/05/2001 30 y to the extent of actual recovery of any insurance proceeds paid under 42 property insurance maintained by the injured party at the time of such loss, 43 damage or injury, or, if not so maintained, to the extent that proceeds would have 44 been payable under property insurance which is required to be maintained under 45 this Agreement by the injured party. The policies shall provide such waivers by 46 endorsement or otherwise and evidence thereof shall be provided by each party 47 to the other party prior to the commencement of the term of the Agreement. 1 1/05/2001 27 areas in the front of the Building shall not extend to the parking areas in the rear of the Building(to the west). 26. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. 6/nro1o4810-8762-6502.1 5 or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 21. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,conditions,and agreements of this Lease,except that the rent shall be one and one quarter(1 1/4)times the monthly rent specified in the lease immediately before termination. 22. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease,however,this Lease,and all rights of Tenant hereunder,shall,at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Building or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all commercially reasonable 6,17a0i04810-8762-6502.1 4 cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 6n7,o1o4810-8762 6502.1 3 amage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 6,nnoIo4810-8762-6502.1 2 t h ro z 0 0 o � Cn �. o CJ I 0 o. coo � s o o ci a. 7. \ CD n � JEn oCD ed En oN p ° a ( . • kL . 1-v\k w•- q, . ...\-,. \,, cl Ntk N\zt, • • t‘\.ci\ % . , c--.. (---. .... 4 • ■-•• 71. 0 \ ■ • ney Enclosures `•"""" .."ageree.r.,,, te4/1,12e4) -- 980 North Michigan Avenue Chicago,Illinois 60611 (312)664-8200 FAX(312)280-2739 ®Recycled Paper l