The URL can be used to link to this page

RES 2011-0597 - Addition of outdoor courtyard to Holland Performing Arts Center R r 'i . I '' . L:) STATE OF NEBRASKA I - / :>i; m!"� - 4 — Y"ti" Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION �,��"�.w'a� Hobert B. Rupe �.. Governor 1 i'i^ ,t . : I • P ,k 4;;;R ? `6 f__'" t i t w ` ' : °' Executive Director 301 Centennial Mall South,5th Floor P.O. Box 95046 CITY L L ' (‘ Lincoln,Nebraska 68509-5046 Phone(402)471-2571 i�l� �{' �� ASK/' Fax(402)471-2814 April 19, 2011 TRS USER 800 833-7352(TTY) web address:http://www.lcc.ne.gov/ City Clerk of Omaha 1819 Farnam LC1 Omaha, NE 68183 RE: Addition/Reconstruction to Premise for License Class IK 70516 Dear Clerk: • The licensee Guckenheimer Enterprises Inc DBA Holland Performing Art Center located at 1200 Douglas Street On The Mall, Omaha, NE 68102 (Douglas County) has requested an addition to premise/reconstruction. (See Attached Diagram). The description for the new • license will be read as follows unless changed by State Patrol: Ground level, both lobbies, orchestra and mezzanine levels of five story building including outdoor courtyard and east lawn (with event only fencing). Please review the enclosed description diagram and present this reconstruction to premise request to the Council for consideration and return the results to the Nebraska Liquor Control Commission office. If you should have any questions, please feel free to give me a call at (402) 471-4881. Sincerely, to Jackie B. Matulka Licensing Division Enclosure pc: File • Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper TO ANY SCHOOL,CHURCH,OR CITY PARK: O° DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: D✓ (State Liw) DISTANCE OF 8ROPOSED LICENSEETO ANY CHURCH 6' SCHOOL ---•IHOSPITAL 1IE FOR THE AGED� NT INDIGE OR VETERANSCOLLEGE OR UNIVERSITY . 22;. mot( (Authorized Signature) FIN jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #I/K 70516 GUCKENHEIMER ENTERPRISES, INC 1200 DOUGLAS ON THE MALL 68102 544-3663 DBA HOLLAND PERFORMING ARTS CENTER NLCC ORDERS 05-22-08-MRG APPROVED (NICHOLAS HERRMAN) *05-21-09-MGR (TERESA A BRADLEY) APPROVED *07-12-10 -CATERING APP APPROVED* OTHER ACTIVITIES 11-01-05 -RES #1356 APP READ - SUSP CC LIQ RULES -GRANT - REINSTATE CC LIQ RULES *05-06-08 -MGR APP (NICHOLAS HERMAN) CCID#605 APPROVED *05-19-09-MGR APP (TERESA A BRADELY) CCID#476 -APPROVED *06-15-10 -CATERING APP *05-17-11 - REQ ADD'S OF IRREGULAR SHAPED OUTDOOR COURTYARD AND EAST LAWN (WITH EVENT ONLY FENCING) * LICENSED PREMISES 3 FLOORS OF A FIVE STY BLDG; GROUND LEVEL APPROX 258' X 280' INCLUDING LOBBY AREA 40' X 250'; ORCHESTRA LEVEL APPROX 273' X 338'; MEZZANINE LEVEL APPROX 273'X 338', INCLUDING LOBBY 40' X 330' OFFICERS: MGR -TERESA BRADLEY, 10005 SOUTH 201ST STREET, GETNA, NE 68028 (H) 332-3828 (C) 699-5599 * FOUNDER/CEO - C STEWART RITCHIE III * CO FOUNDER/CAO -JEANETTE RITCHIE * EX VP/COO -FRANK LAPETINA * SENIOR VP/CFO -WILLIAM POPE * CORP ADDRESS & PHONE # -THREE LAGOON DR, STE 325, REDWOOD SHORES, CA 94065 #650-592-3800 * CONTACT -JASON RIDLEY - 212-9108 * * * * (OLD-2008-MGR -DOUGLAS SETNIKER, 12060 SEWARD CIR, 68154 (H) 544-2433 (C) 661-8460) * (2009-OLD-MGR - NICHOLAS HERMAN, 765 EAST MILITARY AVE, FREMONT, NE 68025 (H) 402-727-9969 (W) 402-661-8476 (C) 720-8064) he Nebraska Liquor Control Commission office. If you should have any questions, please feel free to give me a call at (402) 471-4881. Sincerely, to Jackie B. Matulka Licensing Division Enclosure pc: File • Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper TO ANY SCHOOL,CHURCH,OR CITY PARK: O° DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: D✓ (State Liw) DISTANCE OF 8ROPOSED LICENSEETO ANY CHURCH 6' SCHOOL ---•IHOSPITAL 1IE FOR THE AGED� NT INDIGE OR VETERANSCOLLEGE OR UNIVERSITY . 22;. mot( (Authorized Signature) FIN jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} 1-}-b11 vtA V IZ1.61 APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use i3ECEIVED NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH L 95046 LIIN OLN,NE 68509-5.046 APR 1 5 2011 PHONE(402)471-2571 FAX(402)471-2814 NEBRASKA LIQUOR Website: www.lcc.ne.goy CONTROL COMMISSION Application: • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission •. Must include a copy of the lease or deed showing ownership of area to be added • o This is still required even if it's the same as on file with our office • Must include simple sketch showing existing licensed area and area to be added,must include. . outside dimensions in feet(not square feet),direction north. No blue prints. • May include a letter of explanation 70516 LIQUOR LICENSE# LICENSEE NAME Guckenheimer Enterprises,Inc. J y TRADE NAME uckenheimer at Holland Performing Arts Center t1200 Douglas Street PREMISE ADDRESS ,__. _ �..._ _ �.T_ _._ __,_ ._ .._ — Omaha CITY eresa Bradley CONTACT PERSON _._�____ .,__e_. __--_.� _._�_•T_._.__.._._.,�__..____ 02-699=5599 PHONE NUMBER OF CONTACT PERSON _- — _. _ Complete the following questions: 1) Are you adding on to your building? In Yes i No • Include a sketch of the area to be added showing: o existing building O outside dimensions (in feet) o direction north 2) Are you adding an outdoor area? r.12 Yes E No If an outdoor area(check one of the following) 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits..) 1 IY1b R 103251 to155q = Lt5 Jbm re eivrA 1 jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} Ul 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent fence, wall,railing,rope or chain,defining the licensed area,provided that one open entrance not to exceed eight(8) feet shall be allowed. Picket fencing surrounding the licensed areas What type of permanent fencing will you be using? 3 (see Exhibil"A • Include a sketch of the area to be added showing: o existing building RECEIVED o outside dimensions(in feet) . • • o direction north APR 152011 NEBRASKA LIQUOR �'�" • CONTROL COMMIISSION 3-ea.h 2 Print Name of Signature . gyaiviteitV, ief&Le, Signature of Licensee or Officer State of Nebraska. 4.4.e�� ' • County of 4 -).-- The forgoing instrument was acknowledge before me this a n20// Date • Notary ublic Signature Affix Seal Here .,+ MARYLN K.WELLS 1: 11. �, Commission # 1893940 z a". -_; J Notary Public-California z . ' San Mateo County M Comm.Ex ires Jul 24,2014 2 Are you adding on to your building? In Yes i No • Include a sketch of the area to be added showing: o existing building O outside dimensions (in feet) o direction north 2) Are you adding an outdoor area? r.12 Yes E No If an outdoor area(check one of the following) 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits..) 1 IY1b R 103251 to155q = Lt5 Jbm re eivrA 1 jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} RECEIVE® APR 152011 Exhibit A NEBRASKA LIQUOR CONTROL COMMIISSION We are requesting that the License be extended to add two outdoor areas which are identified on the attached drawings as the "Courtyard" and the "East Lawn". The Courtyard is enclosed on three sides by the Holland Performing Arts Center building (which building is licensed for the sale of alcohol under License # 70516). The East Lawn is green space located to the east of the building. As indicated in the application, we are intending to put in place picket fencing or other structures to define the licensed areas. However, we request that due to the nature of the property the fencing be in place only during periods in which events are held in the licensed areas. It is our intention to use the outdoor licensed areas for special events only. We agree to put in place the temporary picket fencing or other structures at all times when events are held in the licensed areas. As such, we request a waiver of the permanent fencing requirement and instead agree that no alcohol will be allowed in the licensed areas unless appropriate fencing or other structures are in place. ission # 1893940 z a". -_; J Notary Public-California z . ' San Mateo County M Comm.Ex ires Jul 24,2014 2 Are you adding on to your building? In Yes i No • Include a sketch of the area to be added showing: o existing building O outside dimensions (in feet) o direction north 2) Are you adding an outdoor area? r.12 Yes E No If an outdoor area(check one of the following) 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits..) 1 IY1b R 103251 to155q = Lt5 Jbm re eivrA 1 jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} • 4 . x € 3< - »" ,"' �'3� ,}-..-'T "r - ....,„ ,.. c a�,,, . P ,,ry n , „ ��£ �h, 1 5 ,,,3^(5 ,- ,� „ r ` � ar , . ,, st , y a r .4 5, .� i i,,;t. Cy3T��k p ``' �� $� z^� {r"� � r£S � 1 ," ','"V `, a,-t".ard7 -^^€ s -_ ,r 3 43 r e. aid. 2'Vc. �,' ,f.�§. ' '" 4r i ram , ��, € £ t r�- x^n € 0 � �•� �a..3`r �' g am 7;rs.,, 1 s' �C z 3" 7 t'�"� � �� . ,,r r u°a�n t �w..,- r' f ,,,„ `% ��,..r. ar, MO as p :,�•'•c s 5 _h Znsp°:'3` ,kd � w�sr _ . �.-.�. ,?€.;,,. 6�® ,^.' c��} •,,."�y �t� ye ' ' bq, l� � ' • �•{s'yi • 6 Jh t•� .v '4 ,?p�- � �,: B � ,• € ,, a • �• � -L S 'j . T .w ite ... a0n0r i V)1') c� ttiOZ [ Ndd tead agree that no alcohol will be allowed in the licensed areas unless appropriate fencing or other structures are in place. ission # 1893940 z a". -_; J Notary Public-California z . ' San Mateo County M Comm.Ex ires Jul 24,2014 2 Are you adding on to your building? In Yes i No • Include a sketch of the area to be added showing: o existing building O outside dimensions (in feet) o direction north 2) Are you adding an outdoor area? r.12 Yes E No If an outdoor area(check one of the following) 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits..) 1 IY1b R 103251 to155q = Lt5 Jbm re eivrA 1 jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} 04 I . C. 000404> :0:1 . Z ......1 •*Iwo (in >pi• .CO .tu .n) w :b . 0). ls . - •N . 1 .......r.. ...'''' '''-' —'"... — --... e...-,•- 1 .e... . 1 , . . . , .. , . , I , . . 1 . -, . . , . ., I 0 tN.J , i co c . 0 . I 3) 1 3 . , D . ( C . , . , .. , . # , • t , . , til t 1 , , v Z9 t . t . . . , , . - ' . . , . . . 1 . iN4 , N.- , . . 2 Are you adding on to your building? In Yes i No • Include a sketch of the area to be added showing: o existing building O outside dimensions (in feet) o direction north 2) Are you adding an outdoor area? r.12 Yes E No If an outdoor area(check one of the following) 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits..) 1 IY1b R 103251 to155q = Lt5 Jbm re eivrA 1 jrnot Nawri /2605 1.23 Not Applicable941.4\4A.A49 ` (� / V //11/ Q`�/['I 'J`.IN" • R-2• _ 0001 CD TGI Fridays.Westroads Mall_3240 12/7/2010;(MM:mab) ` 1 k t' r '/ 1 the Leased Premises. . [ARTICLE 1(c)] • 1.04 Submittal date for preliminary plans:Not applicable [ARTICLE 2(d)] Submittal date for final plans and specifications:Not applicable [ARTICLE 2(d)] 1.05 . Beginning Work Date:December 27,2010 [ARTICLE 2(e)] 1.06 Opening Dare:January 15,2011 • [ARTICLE 3] 1.07 Minimum Annual Rental: [ARTICLE 4(a)] • Rental Commencement Date.-1/31/2013 $135,000.00 por year ($11,250.00 per month) 2/1/2013- Expiration Date $150,000.00 per year ($17,500.00 per month R-1 • TM Fridays Westroads Mall 3240 12/7/2010;{MM:mab} .OMAHA __ PERF RMIN / ARM l V 57 HOLLAND ►l AroaN11Ne Alit! SOCIETY CENTER FOODSERVICE AGREEMENT • This Agreement is made as of April 1, 2005, by and between Omaha Performing Arts Society, a Nebraska corporation ("Company% and Guckenheimer Enterprises. Inc., a Delaware corporation (Guckenheimer"), with reference to the following facts. RECITALS A. Company has a need for foodservice to be provided for its employees, renters, performers, patrons, visitors and guests. Foodservice is defined as all food and beverage services within the defined Company facility(s), initially, the only company facility covered under this agreement Is the Holland Performing Arts Center located at 1200 Douglas on the Mali in Omaha, Nebraska. Foodservice at the Orpheum Theater and company events held outside the Holland Performing Arts Center are not included in this agreement At the company's discretion, and with Guckenheimer's consent, additional locations may be added over time. B. Guckenheimer is in the business of providing foodservice on a contract basis, while striving to maintain the highest ethical standards in its relationships with customers, employees, suppliers and competitors. In providing foodservice, Guckenheimer does not discriminate on the basis of race, color,religion,gender, age or national origin. C. Company wishes to secure Guckenheimer's services, and Guckenheimer agrees to provide its services to Company, on an exclusive basis and on the terms and subject to the conditions set forth in this Agreement. NOW;THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Services and Compensation of Guckenheimer a. Guckenheimer will provide, furnish and serve meals and beverage services to the employees, renters, performers, patrons, visitors and guests of Company at such locations as may be designated by Company, in accordance with the terms and subject to the conditions contained in this Agreement and the Addendum which is attached to this Agreement and expressly made a part of this Agreement. As compensation for Its services, Guckenheimer will charge the persons served and/or Company consistent with the financial considerations set forth in the Addendum. b. Guckenheimer will prepare and serve food and beverage items of quality and variety during hours specified by Company. In general, Guckenheimer will provide and sell foods, alcoholic and non-alcoholic beverages and such other products as directed by the Company. c. Upon the reasonable request of Company in advance, Guckenheimer will provide special foodservices for conferences, parties, dinners, and other special events. The prices charged for such special events will depend upon the menus and services provided which will be determined by mutual agreement of the parties at the time such services are requested. d. Company reserves the right of supervision of the foodservice and of the operation thereof by Guckenheimer, All authorized representatives of Company will have full right of access to ail areas of the foodservice at all reasonable times. ►' rr Confidential Pape 1 a:Mdd a8Eeies2et7 213 0900003481 ab} •OMAH Afa PERFORMING RTS HOLLAND rrarnRr1wc►lIr: SOCIETY Air.k4tY�l�t;��kk e. Company grants to Guckenheimer the right to provide all foodservices set forth above on an exclusive basis during the term of this Agreement, and Company will not enter into any contracts, commitments or other agreements with any third parties to provide such foodservices during such term,except as specifically identified in this agreement. 2. Facilities and Equipment a. Guckenhelmer will provide for the use thereof all chinaware, glassware, flatware, trays, utensils and other smaltwares, as may be required to provide the foodservices desired by Company. items may be owned or rented as long as they meet the quality standards specified by the Company. Guckenhelmer Will charge the operating statement for said costs as an expense of providing the services it is obligated to perform under this Agreement. b. Company will provide, at no cost to Guckenhelmer, a cube, office or other workspace in the Holland Performing Arts Center and a staging kitchen space with certain equipment mutually agreed to by the parties. Guckenheimer will have the right to inspect all facilities and equipment prior to commencement of any foodservice operations. Guckenheimer will take reasonable and proper care of any items supplied by Company. Upon termination of this Agreement, Guckenheimer agrees to return such items and equipment to Company in good operating condition, ordinary wear and tear excepted. The definition of'ordinary wear and tear," as used in this Agreement, will Include loss or damage which results from breakage, pilferage or damage arising in the ordinary course of Operations and wear resulting merely from use. c. Company will assume overall responsibility for the maintenance and repair of all the equipment furnished to or supplied by Guckenheimer for the performance of this Agreement and will keep such equipment in good working order. Company will,from time to time, furnish additional equipment, as requisitioned by Guckenheimer and approved by Company, for replacement of such Items as may be lost or damaged in the operation of the foodservice. Guckenhelmer will replace any equipment damaged during the term of this agreement that is a result of misuse or neglect. d. Company will make all floors safe with non-skid surfaces, mats or such other material as may be reasonably required. e. Guckenhelmer will not permit the private use of any part of Company's facility(s)without prior consent of Company. f Guckenhelmer agrees to not use Company's facility(s)for off-site food or beverage functions unless approved in advance by Company. Such approval should be obtained at least 7 days prior to the event or function. g. Guckenheimer will not permit any liens whatsoever to be placed against any of the Company's facilities. h. Guckenheimer has no advertising rights or approvals under this agreement. Company and Guckenhelmer agree to work together on all marketing campaigns and on the development of • any collateral materials used in foodservices provided by Guckenheimer. Confidential Pape 2 415/2005 £:3Ek d 88E0106-2017 N3WI314113)0119 OS:Vr B002-XE-L0 OMAMA � PERFORMING CAI) • ARIS HOLLAND ►[7{)!►IRIc Alas SOCIETY r► KnWII$ L. LK 1 Utilities Company will furnish, Without charge to Guckenheimer for the use thereof, all light, heat, power, gas, hot and cold water, telephone service, pest control, and trash and garbage disposal necessary for the performance of the services under this Agreement. Guckenheimer agrees to be prudent and responsible with utilities provided by Company. 4. Food,Beverages and Supplies a. Guckenheimer will procure and pay for all food and supplies used in the operation of the foodservice. Guckenheimer will hold harmless Company from any and all liability, claims, or demands made by vendors and suppliers of such food and supplies. b. Whenever possible, local suppliers of products should be used as long as the prices are competitive and the quality meets Guckenheimer's and the Company's standards. c. Guckenheimer is prohibited from dispensing free samples of merchandise (food and beverage)without the prior consent of Company. d. Guckenheimer and Company will work together to determine the optima' food and beverage serving sizes for events and functions in Company's facility(s). e. Guckenheimer will have food/beverage services open and operational a reasonable time before, during and after all events and functions in Company's facility(s). Specific timetables to be agreed to between Company and Guckenheimer. f. All foodservice sales shall be conducted and operated under the supervision of .Guckenheimer. Company reserves the right to direct GucKenheimer to partially or completely suspend service if circumstances warrant It for certain events in Company's facility(s). g. Company reserves the right to direct Guckenheimer to use certain suppliers as circumstances warrant. Such supplier must meet the quality and price standards considered acceptable to Guckenheimer and Company. Company will notify Guckenheimer in writing anytime the company desires Guckenheimer to use a certain supplier. h. Guckenheimer agrees that chewing gum will not be sold in Company's facility(s). S. Guarantees Neither party has promised or guaranteed to the other any level of attendance, usage, sales, revenues or payments. 6. Menus and Pricing a. Guckenheimer will plan and prepare imaginative menu selections and establish pricing. All menu selections and pricing will be approved by the Company. Company will be responsible for duplication of menus and menu displays, if required, for services provided within Company's facility(s). Quantities and portions for any given event will be approved by Company. b. Menus will contain appropriate logos for the Company. Logos will be provided by the company. Confidential • Pogo 3 4/612005 b 3LJHd 88E0TOS200 el3WI3HN3)O11i OS:bt 8002-tE-LO rights or approvals under this agreement. Company and Guckenhelmer agree to work together on all marketing campaigns and on the development of • any collateral materials used in foodservices provided by Guckenheimer. Confidential Pape 2 415/2005 £:3Ek d 88E0106-2017 N3WI314113)0119 OS:Vr B002-XE-L0 • O1v1AHA SERF RM1N HOLLAND ►CENER a 'T SOCIETY CENTER Air : i:xr.Ktittm!!x c. As a general policy, prices should be comparable to other venues in the area and not be higher than those charged in this market. The price schedule to be approved by the Company will also Include a description of the item, portion size, weight and quantity. d. Guckenheimer and Company agree to review pricing on a quarterly basis. 7. Access Guckenheimer and its employees shah be entitled to enter and remain in Company's facility(s)with access to designated areas for wort purposes only before/during events or functions within Company's facility(s). Guckenheimer's onsite management team will have access during events and during the Company's normal business hours. 8. Maintenance a. Company will provide maintenance services as required for proper maintenance of the foodservice facilities, not including, however, the normal housekeeping and sanitation responsibilities assumed by Guckenhelmer In the food preparation, storage, serving and dining areas as provided below. Guckenheimer will be responsible for normal housekeeping and sanitation in the food preparation, storage and serving areas and will clean table tops in the dining areas(s). Company will be responsible for the daily cleaning of all floors in the dining area(s). Guckenheimer will be responsible for cleaning all floors, tables, equipment and fixtures within the kitchen area and cafe. b. Guckenheimer will comply with all public health regulations including a Grade 'A" sanitation rating to the satisfaction of all authorized Health Department officers and the Company. c. Guckenheimer will be responsible for obtaining the necessary approvals, permits and Inspections required by the Health Department. d. Guckenheimer will be responsible for transporting all waste materials, including grease (if applicable)from all foodservice locations including areas around permanent and portable bars to garbage pickup areas. Company will designate where the pickup areas will be and what routes Guckenheimer staff must follow. e. Company will be responsible for rodent and pest control in areas where food Is prepared, stored or dispensed. The cost of rodent and pest control services will be paid by Company. 9. Personnel a. Guckenheimer will provide all personnel necessary to perform its obligations under this Agreement, including managers and other supervisory personnel. All personnel will be employed by Guckenheimer and no Joint employment will be initiated or maintained. Guckenheimer will pay all wages and salaries of its employees and all benefits, taxes and other costs relating to their employment. Guckenheimer will be solely responsible for hiring, training, discharging and disciplining all such employees in accordance with its policies and procedures; provided that Company reserves the right to investigate and approve on a continuing basis ail Guckenheimer employees who work on Company's premises for security reasons only. Guckenheimer will direct its employees to obey and cooperate with all rules end regulations which may be established by Company. Confidential Page 4 4l5I2005 Sz3JHd esem0S 5t' al3W12HN3Nal5 TS:t7I 8802-T£-L0 O.MAHAfat • PER.FORMIN HOLLAND Aree�oxr�►>tc At•rt SOCIETY a 'El GUCt:rtkfliaMilk b. Company reserves the right to refuse access to its facility(s) at any time to any employee of Guckenheimer, its agents and subcontractors. The exercise of this right shall not diminish Guckenheimer's performance requirements under this agreement G. Ouckenheimer employees engaged in preparing, handling, serving and storing food must meet all State and Local Health Department guidelines and requirements. d. Guckenheimer personnel will be required to wear uniforms or follow a consistent dress code. The design of uniforms to be approved by Company. Guckenheimer will be responsible for . the costs of providing, maintaining,leaning and replacing uniforms. e. Guckenhelmer's employees will not solicit or accept tips or other gratuities for events at the Company's facility(s). The exception being for cash bars. For cash bars,the tip jar will not be in the view of any guests or be placed on die top of any bar. • 10. Independent Contractor a. It is understood and agreed, and it is the express intention of the parties, that Guckenheimer is an independent contractor, and not the employee, agent, joint venturer or partner of Company for any purpose whatsoever. Guckenheimer will determine the method, manner and means of performing its obligations under this Agreement. Guckenhelmer acknowledges and agrees that it shall be responsible, as the employer of its personnel, for payment of all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholdings. b. Guckenheimer and Company each agree to defend, indemnify and hold harmless the other party, and the respective officers, directors, shareholders, employees, agents and affiliates of the other party, from and against any and all loss, liability and expense, including reasonable attorneys' fees, in connection with any claims, lawsuits, arbitrations, awards, judgments, settlements, arising out of or relating to the negligence or misconduct of its employees or agents. 11. Solicitation Company agrees that for the duration of this Agreement and during the one (1) year period thereafter, if Company or any of Its subsidiaries or affiliates hires a Guckenheimer manager, it will pay Guckenhelmer a fee of twenty-five thousand dollars ($25,000) and if Company hires any of Guckenheimer's staff it will pay a fee of five thousand dollars ($5,000) to Guckenheimer. Guckenhelmer in turn agrees to pay company a fee of twenty-five thousand dollars($25,000)if any of Company's employees are hired by Guckenheimer during the same term. 12. Insurance a. Upon the execution of this agreement, Gucienheimer agrees to furnish Company one original copy of ail required insurance policies and certificates noted in this section of the agreement. Guckenheimer agrees to add Company as a named insured on all relevant policies. Policies will contain a covenant by the insurer that the policies Will not be canceled or changed by the insurer unless it first gives written notice to Company and Guckenhelmer at least thirty (30) days prior to the cancellation date or effective date of the change. Guckenheimer agrees to deliver a Certificate of Insurance within•ten (10) business days after the date of this Agreement. Guckenheimer will charge the operating statement for said insurance as an expense of providing the services it is obligated to perform under this Agreement. CanfidenLer Page s 4h512005 9:3JHd 8G 8tesaeb 113413 X T :t'I 8002-T£-L0 •OMAHA '` 4 PERFORMINGRT5 HOLLAND SOCIETY ,g1v�TER b. Guckenheimer will carry the following insurance with minimum coverage limits noted, The costs of these policies wilt be paid by Gudcenheimer and charged to the operations of the account: i. Commercial liability insurance with a limit of no less than $2,000,000 per occurrence and $5,000,000 in the aggregate. Such coverage should be broad and include liquor/dram shop liability, providing coverage against claims for bodily injury or death and property damage caused by Guckenheimer's employees or contractors. iI. Employer's Liability insurance with coverage of$2,000,000 per accident; $2,000,000 for injury by disease(each employee) and$3,000,000 for injury by disease(policy limit). Commercial automobile liability or business automobile policy with limits of not less than $1,000,000 per occurrence. iv. Additional commercial umbrella liability of not less than$3,000,000 v. Liquor and 1 or dram shop liability of$1,000,000 vi. Workers compensation insurance as required by the state of Nebraska plus$2,000,000 for employee's liability coverage. 13. Compliance with Laws a. Company represents and warrants that its facilities are constructed in accordance with ail laws applicable to it, including county and local health regulations andlor standards. Company agrees to maintain the facilities so that their condition will continue to comply with all applicable laws. b. Guckenheimer agrees to use all commercially reasonable efforts to comply with ail city, county, state and federal laws, ordinances and regulations applicable to the performance of this Agreement, Company acknowledges and agrees that all licenses and permits procured by Guckenheimer as necessary for the operation of the foodservices under this Agreement will be charged to the operating statement as an expense of providing services it is obligated to perform under this Agreement. Guckenheimer agrees to notify Company within 72 hours of any notice it receives from an authority indicating there has been a violation of any laws, ordinances and regulations related to the operations in Company's facility(s). 14. Term of the Agreement This Agreement Will commence on the date first written above, and will continue for a period of 39 months (dune.,30, 2008) and will automatically renew annually thereafter unless terminated In writing by either party. Said written notice must be given no less than 120 days prior to the renewal date prescribed above. 15. Termination a. This Agreement may be terminated by either Company or Guckenheimer for any or no reason by giving 90 days written notice to the other party of the party's Intent to terminate in the manner provided in paragraph 14 above, and such termination will be effective upon the expiration of such 90-day period without the need to provide any further notice. Company will remain responsible for paying Guckenheimer for any services it has provided up to and including the termination date and this obligation shall survive and shall remain in full force and effect regardless of any termination of this Agreement. Confidential Pape 4v512005 z:393d 88£0I0SZ0b 83W13HN3XDne TS:bi 8002-tier-10 Agreement. Guckenheimer will charge the operating statement for said insurance as an expense of providing the services it is obligated to perform under this Agreement. CanfidenLer Page s 4h512005 9:3JHd 8G 8tesaeb 113413 X T :t'I 8002-T£-L0 •OMAHA ;s PERFO Ravi N AR FS HOUAvD CE NER: SOCIETY b. If Guckenhelmer should cease operations or abandon the premises during the term of the agreement, Company has the right to immediately terminate the agreement and seek recovery of costs to install another foodservice provider. c_ Upon termination, Guckenheimer will have 30 days to remove all equipment, supplies and fixtures that belong to Guckenheimer. 16, Default and Cure Period If Ouckenheimer fails to: (a) maintain and keep in force the insurance policies described above; (b) comply with any of the other covenants, conditions or agreements required to be performed by it under this Agreement; (c) comply with any Company regulation or rule applicable to it; or (d) comply with any applicable city, county, state and federal laws, ordinances and regulations, then upon written notification by Company to Gudcanhelmer of such failure or default, Guckenheimer will have ten (10) business days in which to cure such failure or default. In the event that Guckenheimer fails to cure the failure or default within the 10-day period, Company may cancel and tenrinate this Agreement without further notice to Guckenheimer. If Company fails to pay to Guckenheimer any consideration required under this Agreement when due, Guckenheimer may cancel and terminate this Agreement upon ten (10) days written notice to Company, unless Company cures such failure by paying by cashier's or certified check the full amount owed. All obligations of the defaulting party will survive any termination of this Agreement. 11. Force Majeure Company agrees that Guckenheimer will not be liable for failure to perform its obligations under this Agreement when such failure is caused by fire, explosion, flood, act of God, civil disorder or disturbance, strikes or other industrial disturbance, vandalism, war, riot, sabotage, or other causes beyond the control of Guckenhelmer, nor will Guckenfielmer be liable in any way for the value of any real or personal property destroyed or damaged due to such causes. Company further agrees that if the occurrence of any of the events listed above results in a material decrease in patronage or a change in the hours of service, style of service or other contractual arrangements set forth in this Agreement, including the Addendum, Guckenheimer agrees to renegotiate this agreement in good faith with Company in accordance with paragraph 19. 18. Financial Records Guckenheimer will maintain all accounting records for operations at the Company's facility(s) in a format agreed to by both Company and Guckenheimer. Guckenhelmer will maintain budgets, books, records and audits In conjunction with the Company's fiscal year beginning July 1" each year. At any time, Company may request to review the original accounting records and supporting documentation or request an audit of said records. Should Company request such an audit, the costs of the audit will be paid by Company. • • • Con1 dent1a! Pape 7 4/6/2006 8:3Jtid 88£0T0S28b 213W13HN3X"Jf9 2c:t'T 8002-T£-Le and shall remain in full force and effect regardless of any termination of this Agreement. Confidential Pape 4v512005 z:393d 88£0I0SZ0b 83W13HN3XDne TS:bi 8002-tier-10 Agreement. Guckenheimer will charge the operating statement for said insurance as an expense of providing the services it is obligated to perform under this Agreement. CanfidenLer Page s 4h512005 9:3JHd 8G 8tesaeb 113413 X T :t'I 8002-T£-L0 S •OMAHA PERFORMiN ART5 HOLLAND KwFOR11ftC ARra A*ir SOCIETY CENTER. uUKHAIilAI7AYR 19. Renegotiation of Agreement The parties acknowledge and agree that the financial assumptions,operating hours, the number of full-time, on-sits employees of Company, and the number of Company dining locations served by Guckenheimer are important factors which affect Guckenheimer's performance and profitability under this Agreement therefore, any material changes to these factors may result In the renegotiation of this Agreement. In the event of a material change In the above factors, Guckenheimer will notify Company in writing and will specify therein Its recommended changes. Company will respond to Guckenheimer in writing within fifteen (15) business days of its receipt of such notification, and, in addition during that 15-day period, Company will begin good faith negotiations with Guckenheimer. Any negotiated changes will be made retroactive to the date the material change(s)occurred,as set forth in Guckenhelmer's notice to Company. 20. Operational Information and Reports a. Guckenheimer agrees to use all reasonable efforts to provide certain financial and operational reports to Company on a regular basis. The frequency, content and design of these reports will be mutually agreed to by the Company and Gudcenhelmer. In addition to any custom reports requested by the Company, Guckenheimer will provide(a)operational statements and billings by end of business the day after each event or function; (b) financial statements for the overall operations within 15 days of each calendar month end; (c) certified audit of the operations, by a firm approved by Company, within 90 days of each fiscal year end (i.e. June 30e1). Company will have unrestricted access to all of Guckenheimer's financial records for Company's operations and events upon written request by Company. Guckenheimer agrees to participate in Company's staff meetings involving foodservice and will meet with Company's clients as requested by Company for discussions involving foodservice in the Company's facility(s). b. Guckenheimer will have the exclusive right to all foodservices in facility(s) identified by Company. Company will have the right to select up to 3 events per year where such exclusive right shall not be applicable (foodservice only). Due to the requirements of the liquor license, Guckenheimer will retain true exclusivity for all beverage services. Opt outs, If exercised by Company, will only apply to food services. Guckenheimer will be entitled to a fee equal to 10% of the net sales (food only, net of sales tax). Said fee will be paid by the Company or Renter of the facility(s). c. The exclusivity clause will also not apply to two existing situations with the Omaha Symphony; i. the Discovery Series currently sponsored by Wild Oats; and ii. coffee and cookies occasionally provided by the Symphony guild for use by Symphony performers and staff. Guckenheimer has the option to take over sponsorship of the Discovery Series or allow Wild Oats to continue their sponsorship of those 3 to 4 events par year. If Guckenheimer chooses not to take over the sponsorship of that series, this exemption will only continue as long as Wild Oats is the sponsor. Once the sponsorship with Wild Oats ceases,the exclusivity clause will apply to this series as well and Guckenheimer will provide all of the food needs at retail prices to the Omaha Symphony. The exemption for "coffee and cookies" will apply to the limited number of times per year that the Symphony guild bakes items for the performers. These "snacks" will be provided by the Guild to the Symphony members only and will be allowed in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 OMAHA • PERFORMING ARTS LLAND HOLMIMO 410.Tf SOCIETY CENI7�R U'CAM 111,1 NI lit d. Periodic inventories of smalfwares should be conducted by Guckenheimer. The frequency to be agreed to by Company and Guckenhelmer, but no less frequently than quarterly. Shortages and shrinkage will need to be reported by Guckenheimer to Company. Normal shrinkage, defined as less than 2% annually, will be the financial responsibility of Company. Any shortages/shrinkage in excess of 2% annually will be the financial responsibility of Guckenheimer. At Company's direction, Guckenheimer will purchase replacement smalfwares and direct bill Company up to the 2% annually. Billings to Company will be at invoice cost to Guckenheimer. 21. Taxes Guckenheimer will be responsible for all licenses and permits required for the operations in Company's facillty(s). Guckenheimer will charge the operating statement for said licenses and permits as an expense of providing the services it is obligated to perform under this Agreement. Guckenheimer will be responsible for filing all sales tax returns, employee payroll tax returns and ail other filings required for the operations. 22. Liquor License Guckenheimer will be responsible for applying for and holding the liquor license for all area(s) / facility(s)requested by the Company. 23. Headings. The headings of the paragraphs in this Agreement are for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. 24. Severabllity if a court finds any provision of this Agreement invalid or unenforceable, all other provisions will nevertheless remain in full force and effect. 25. Notices Any notice to be delivered pursuant to this Agreement must be in writing and will be deemed delivered upon receipt if served personally or by same-day or next-day delivery service If such delivery service provides confirmation of receipt service and documentation, or three days after deposit in the United States mail, if mailed by first class mail, postage prepaid, registered or certified with return receipt requested, and addressed to the other party at the following address, or such address as may be designated in writing hereafter: To OPAS: Before January 1.2006 Omaha Performing Arts Society 1314 Douglas on the Mall, 15th Floor Omaha, NE 68102 ATTN:Vice President of Finance and Administration After December 31.2005 Omaha Performing Arts Society 1200 Douglas on the Mall Omaha, NE 68102 ATTN:Vice President of Finance and Administration ConfldeatiM PnDe 9 4/6/2005 et:3Dtd 8820t05200 83WI3FN3)C0119 £S=bT 8002-T5=-LO ity clause will also not apply to two existing situations with the Omaha Symphony; i. the Discovery Series currently sponsored by Wild Oats; and ii. coffee and cookies occasionally provided by the Symphony guild for use by Symphony performers and staff. Guckenheimer has the option to take over sponsorship of the Discovery Series or allow Wild Oats to continue their sponsorship of those 3 to 4 events par year. If Guckenheimer chooses not to take over the sponsorship of that series, this exemption will only continue as long as Wild Oats is the sponsor. Once the sponsorship with Wild Oats ceases,the exclusivity clause will apply to this series as well and Guckenheimer will provide all of the food needs at retail prices to the Omaha Symphony. The exemption for "coffee and cookies" will apply to the limited number of times per year that the Symphony guild bakes items for the performers. These "snacks" will be provided by the Guild to the Symphony members only and will be allowed in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 OMAHA PER f�MIN .T . HOLLAND cwcuaKiHa ears SOCIETY TER auCKrxuxl.iEtt To Guckenheimer: Guckenheimer Enterprises, inc. Three Lagoon Drive, Suite 325 Redwood Shores, CA 94065 Attention: Chief Financial Officer 26. Governing Law and Forum This Agreement is to be construed in accordance with and governed by the laws of the State of Nebraska. The parties acknowledge and agree that this Agreement is made and entered into in Omaha, Nebraska, and further consent and agree that all disputes or controversies arising out or relating to this Agreement will be arbitrated or litigated in the Superior Court of the State of Nebraska having competent jurisdiction and located within Douglas County. 27. interpretation The parties agree that this Agreement is to be construed without regard to the party responsible for the preparation of this Agreement, and any ambiguity or uncertainty existing in this Agreement will not be interpreted against the drafter, but will be resolved by applying other rules of contract interpretation. 28. Arbitration If any dispute arises between the parties with respect to the interpretation of enforcement of this Agreement,the parties agree to work in good faith to resolve such dispute or disagreement in good faith (including the utilization of a mediator, if requested by any party, with the cost of such mediation shared equally by the parties), and If they are unable to resolve the dispute, they shall submit it to binding arbitration in Douglas County, Nebraska. Arbitration under this Agreement shall be conducted by a single arbitrator mutually agreed upon by the parties. The arbitrator must be chosen within thirty (30) days of the submission of any issue to arbitration, the discovery (if any) must be completed within sixty (60) days thereafter, the hearing must occur within thirty(30) days after completion of discovery, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of the hearing. The arbitration will be final and binding and the arbitrator's order will be enforceable in any court of competent Jurisdiction;provided, however, that if the arbitrator falls to follow the law, the aggrieved party may seek relief in the Superior or Appellate Courts of the State of Nebraska. This agreement of the parties to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. 29. Legal Expenses In the event of litigation or arbitration between the parties arising out of or relating to this Agreement, the prevailing party will be entitled to recover its court or arbitration costs, including actual attorneys', accountants'and expert witnesses' fees incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any Judgment. 30. Entire Agreement, Modification and Waiver This Agreement and the attached Addendum constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, representations and understandings. No modification or amendment of this Agreement will be binding unless executed in writing by the parties. No waiver of any of the provisions of this Agreement shall be deemed a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver unless expressly provided in writing. Confidential Page 10 4/5f200S Tt:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 • •OMAHA ra4 PERFORM ARES HOLLAND 7OY FLV7'fME�C AYTL SOCIETY 31. Confidential information Confidential information shall mean all information obtained by or disclosed to one party by the other party which relates to the disclosing party's business including, but not limited to: marketing plans, financial information,supplier lists, recipes, and other trade secrets, except such Information as is previously known to or is independently developed by the receiving party, or is information that is or has been publicly disclosed through no fault of the receiving party. Except as may be authorized by the disclosing party in writing, the receiving party shall hold all such confidential information in trust and confidence for the disclosing party, and the receiving party agrees not to disclose such information to any third party or to use such information during or after termination of this Agreement IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Agreement as of the date first written above. OMAHA PERFOR NG ARTS SOCIETY: By: r • Printed: Scott C. Roberts Title: Vick P(esidni p Finance and Administration GUCKENHEI -�. � RPRISES, INC.: • By, /' Printed: William R. P �- Title; Sr.V.P. Finance and_CFO END OF AGREEMENT • Confidential Page 11 4/6/2005 2 T:3Jtid B820 T 0S20b 213W I3HNTA0r1J £S:t T B002-T£-LB t it to binding arbitration in Douglas County, Nebraska. Arbitration under this Agreement shall be conducted by a single arbitrator mutually agreed upon by the parties. The arbitrator must be chosen within thirty (30) days of the submission of any issue to arbitration, the discovery (if any) must be completed within sixty (60) days thereafter, the hearing must occur within thirty(30) days after completion of discovery, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of the hearing. The arbitration will be final and binding and the arbitrator's order will be enforceable in any court of competent Jurisdiction;provided, however, that if the arbitrator falls to follow the law, the aggrieved party may seek relief in the Superior or Appellate Courts of the State of Nebraska. This agreement of the parties to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. 29. Legal Expenses In the event of litigation or arbitration between the parties arising out of or relating to this Agreement, the prevailing party will be entitled to recover its court or arbitration costs, including actual attorneys', accountants'and expert witnesses' fees incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any Judgment. 30. Entire Agreement, Modification and Waiver This Agreement and the attached Addendum constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, representations and understandings. No modification or amendment of this Agreement will be binding unless executed in writing by the parties. No waiver of any of the provisions of this Agreement shall be deemed a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver unless expressly provided in writing. Confidential Page 10 4/5f200S Tt:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 • OMAHA ' PERFOIWING A RTS HOLLAND ►iil'O!].il'IL AR'fi SOCIETY CENTER 4:ucxt.nrrxrsita ADDENDUM TO FOODSERVICE AGREEMENT This Addendum specifies service, equipment and space, and financial responsibilities of the parties, and is attached to and made part of the Foodservice Agreement dated March 4, 2005, by and between Omaha Performing Arts Society°Company,"and Guckenheimer Enterprises, inc.,"Guckenheimer." 1. Services a. Guckenheimer will provide service for employees and visitors of Company at the Holland Performing Arts Center in Omaha Nebraska. b. The prices charged for food, beverage and other products sold by Guckenheimer shall be reasonable and shall be determined by mutual agreement between Guckenheimer and the Company. The parties agree that a rise in either U.S. Department of Labor's Processed Foods and Food Index or the Consumer Price index from the date of this Agreement or from the date of the last price Increase will constitute justification of a need to increase prices charged for food by Guckenheimer, and will establish a guideline for the level of increase needed. 2. Office Equipment and Space a. The Company will provide space for office, money counting and recordkeeping purposes and will provide the following equipment: Desk Filing Cabinet Chair Computer Calculator Cash Registers) Safe b: Company will provide Guckenheimer office and storage spaces, concession areas, banquet facilities, lobby beverage/food areas, fixed and portable bars and certain equipment for use during the term of this agreement. Company will work with Guckenheimer on the amount and location of these spaces/items. c. Locations of the portable bars for events and functions will be directed or approved by Company. d. Company will provide Guckenheimer access to and use of Company's photocopy, facsimile and printing equipment 3. Rules and Regulations Company agrees to share all operational rules and regulations for the Company's facility(s). Guckenheimer agrees to abide by all such rules and regulations unless Company approves an exception in writing. 4. Catering Contracts Guckenheimer will contract directly with clients/renters for all food and beverage services in the Company's facility(s). Company will be responsible for renting the space and will bill the client/renter directly for all rental and support services. Guckenheimer will execute a separate agreement or contract with each dient/renter and will work through logistical and operational details with Company and client/renter. Company will not be directly or contingently liable for outstanding Guckenheimer invoices for any food or beverage services provided in the Company's facility(s), except those where Company is the sponsor of the event. Confidential Page 52 4/8/2005 £T:39dd 88£0TgS2gt, 2I34I8}IND 19 bS:bT 8002-T£-Le any judgment or award, and this provision shall not be merged into any judgment but shall survive any Judgment. 30. Entire Agreement, Modification and Waiver This Agreement and the attached Addendum constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, representations and understandings. No modification or amendment of this Agreement will be binding unless executed in writing by the parties. No waiver of any of the provisions of this Agreement shall be deemed a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver unless expressly provided in writing. Confidential Page 10 4/5f200S Tt:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 OMAHA PERFORMING R� HOLLAND 1 , i •Eorow�xyI►„ A�/s OCIETY CENTER .hR 5. Financial Considerations In consideration of the foodservices provided by Guckenhelmer, Company agree9 to the following: a. Guckenheimer will retain all cash receipts to pay all operating expenses incurred in the operation of the foodservices. b. Guckenheimer will pay for all foodstuffs, materials, supplies and rental equipment which are required to provide the foodservice described herein. These costs together with the costs of wages, salaries and benefits of its employees engaged to provide such services, Including general and administrative, and any other costs, including but not limited to those costs presented in the proposal and proformas, arising hereunder, will be charged to the operating statement as expenses of providing the services it is obligated to perform under this Agreement. c. For the purpose of this Agreement the term, "net sales,`will mean the total of receipts from the sale by Guckenheimer of foods, beverages and other products, less applicable sales tax. d. Guckenheimer will provide up to $125,000 of start up costs *to the operations of the Company's facility(s). Company and Gudcenheimer will jointly agree on how these monies are spent It is anticipated that these funds will be used for a POS system and smaliwares. Guckenheimer agrees to allow Company to use the POS system for both its foodservice and retail gift shop operations. e. Guckenheimer agrees to pay Company a commission of 10% of net sales for events In the Company's facility(s) and 50% of the excess profits of the operations in excess of $175,000. Commission payments will be made monthly to the Company, within 20 days of the end of each calendar month_ The excess profitability split will be calculated on an annual basis, as of June 3012'. Guckenheirner and Company agree to meat annually to conduct an operational/financial review of the operations. Said meeting is to take place within 45 days of the Company's fiscal year end(i.e.June 30a'). Any excess profit monies due Company will be paid within 50 days of fiscal year end. Any payments due the Company will be made by July 31st The financial results from the cafe and company events (see`f' below)will be excluded from ail calculations for the Company commission in the first year of the contract. Financial results from the cafe will be excluded from the excess profits split calculations In year one as well. Company and Guckenheimer agree to review the commission and excess profitability splits annually for the first 3 years, at the anniversary of this agreement. This is designed to protect both parties'as this start-up operation stabilizes and becomes somewhat predictable. After the third year,the commission and excess profitability split will be locked in and will not change without a material change in the operations of the Company's facility(s). Amounts due Company that remain unpaid past 20 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. f. Guckenhelmer Will bill the Company directly for catering and other services provided at the request of the Company. Company will be entitled to a 10% disCount from prevailing retail prices for all food and beverage. Accordingly, Guckenheimer will not pay the company a commission on company events (i.e. those events where Omaha Performing Arts Society is the client). The Company will pay Guckenhelmer within 10 days receipt of invoice. Invoices that remain unpaid past 10 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. Confidential Page 13 4/6/2006 bT:3EiHd mimosa* eJ JI3i+B fie bS:bT $002-T£-LO t:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 OMAHA PEKF RMIN > RT HOLLAND ►ea►gae41140 gars SOCIETY CENTER uucgttNimmitit g. Guckenhelmer will purchase coffee and other supplies as Company deems necessary for the coffee service offered internally to its employees and their visitors. Guckenheimer will invoice Company separately for these services at its cost. h. Sales taxes, if any, applicable to amounts billed to the Company will be paid by the Company but Guckenheimer will be responsible for remittance of such taxes to the proper authority. ENO OF ADDENDUM • • Confidential Page 14 415(2005 ST:39bd 88£0TOS200 ?13WI3HN3 1(1J bS:bT 8002-TE-LO 4-8099 * E-MAIL-RKAVANAUGH@LARSONMANAGEMENT.COM • FIRST AMENDMENT TO THE FOOD SERVICE AGRFFMENT This First Amendment to the Foodservice Agreement("this Amendment")dated effective �•,�__ u,is entered into by and between Omaha Performing Arts Society,a Nebraska non- profit corporation("Company"),and Cruckenheimer Enterprises,inc.,a Delaware corporation ('Guckenheimer"). WHEREAS,the Company and Crackenbeimer are parties to a Foodservice Agreement,dated as of April 1,2005. WHEREAS,the Company and Guckcnheimer desire to extend to the temp of the agreement. NOW,'THERE-ORE,in consideration of the foregoing,and other good and valuable consideration,the receipt and suficiency of which are hereby acknowledged,the parties hereto agree as follows: • Section 14. Term of the Agreement The definition of"Term of the Agreement"in Section 14 of the Foodservice Agreement shall be amended and restated it its entirety to read as follows: The Agreement will commence on the effective date of the First Amendment to the Foodserviec Agreement,and will continue for a period of 12 months and will automatically renew annually thereafter unless terminated in writing by either party. Said written notice must be given no less than 120 days prior to the renewal date prescribed above. AFFIRMATION OF FOODSP.RVICE AGREENIENT,the Company and Guckenheimer each acknowledge and affirm that the Foodservice Agreement,as hereby amended,is ratified and confirmed in all respects and all terms,conditions and provisions of the Foodscrviec Agreement, except as amended by this Amendment,shall remain unmodified and in full force and effect. IN WITNESS WH[RFOF,the parties hereto have caused this Amendment to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first written above. O • ' • . ORM G ARTS . N. e:AL, lOrsd Title: OUC 01. • liN'fERPRISES,INC. iB , IJ Name:. �� .y • . .-.. Title: r ea.. . ._._ Date: + 9I=39tld 8820I0S80t7 d3WI3HN3XfI9 SS=Ot 8002-TE-LO days of fiscal year end. Any payments due the Company will be made by July 31st The financial results from the cafe and company events (see`f' below)will be excluded from ail calculations for the Company commission in the first year of the contract. Financial results from the cafe will be excluded from the excess profits split calculations In year one as well. Company and Guckenheimer agree to review the commission and excess profitability splits annually for the first 3 years, at the anniversary of this agreement. This is designed to protect both parties'as this start-up operation stabilizes and becomes somewhat predictable. After the third year,the commission and excess profitability split will be locked in and will not change without a material change in the operations of the Company's facility(s). Amounts due Company that remain unpaid past 20 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. f. Guckenhelmer Will bill the Company directly for catering and other services provided at the request of the Company. Company will be entitled to a 10% disCount from prevailing retail prices for all food and beverage. Accordingly, Guckenheimer will not pay the company a commission on company events (i.e. those events where Omaha Performing Arts Society is the client). The Company will pay Guckenhelmer within 10 days receipt of invoice. Invoices that remain unpaid past 10 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. Confidential Page 13 4/6/2006 bT:3EiHd mimosa* eJ JI3i+B fie bS:bT $002-T£-LO t:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 SECOND ADDENDUM TO FOODSERNICE AGREEMENT This.Second Addendum, effective this bit. day of July, 2008, specifies an "additional location" at which foodservice is to be provided,and is attached to and made a part of the Foodservice Agreement ("Agreement") dated March 1, 2005, by and between Omaha Performing Arts Society ("Company"), and Guckenheimer Enterprises, Inc. ("Guckenheimer). WHEREAS, the Agreement provides for foodservice to be provided by Guckenheimer to Company's employees, renters, performers, patrons, visitors and guests at the Holland Performing Arts Center located at 1200 Douglas on the Mall in Omaha, Nebraska; • WHEREAS, the Agreement states, In Section A. of-the "RECITALS," with regard to additional locations where Guckenheimer may provide foodservice, that "At the company's discretion, and with Guckenheimer's consent, additional -locations may be added over time;" • WHEREAS, pursuant to the Agreement, both Company and Guckenheimer desire to add an additional location at which Guckenheimer.will provide foodservice to Company's employees, renters, performers, patrons, visitors and guests on an • exclusive basis and on the terms and subject to the conditions set forth in the Agreement; and WHEREAS, Company is the Lessee of Suite 100 on the ground floor of real property located at 401 South 16th Street, Omaha, Nebraska (the"Weaver Room"), and the Weaver Room contains approximately 2,560 square feet of area. • NOW THEREFORE, in consideration of the aforesaid and for other good and valuable consideration,the parties hereto agree as follows: 1. Additional Location. Guckenheimer. will provide foodservice to Company's employees, renters, performers, patrons, visitors and guests at the Weaver Room located. at Suite 100 on the ground floor of real property located at 401 South 16th Street, Omaha, Nebraska, on an exclusive basis and on the terms and subject to the conditions set forth in the Agreement. 2. Affirmation. The Agreement is hereby ratified and affirmed in all other respects. The Agreement shall remain in full force and effect and, to the extent not • inconsistent therewith, this Second Addendum shall be governed and construed in accordance therewith. • 3. Counterparts. This Second Addendum may be executed in counterparts, all of which together will constitute one agreement. • • • Li:3SUcl ea20I0S20, 83WI3HN3)Df19 SS:bi 8002-W-Le ility splits annually for the first 3 years, at the anniversary of this agreement. This is designed to protect both parties'as this start-up operation stabilizes and becomes somewhat predictable. After the third year,the commission and excess profitability split will be locked in and will not change without a material change in the operations of the Company's facility(s). Amounts due Company that remain unpaid past 20 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. f. Guckenhelmer Will bill the Company directly for catering and other services provided at the request of the Company. Company will be entitled to a 10% disCount from prevailing retail prices for all food and beverage. Accordingly, Guckenheimer will not pay the company a commission on company events (i.e. those events where Omaha Performing Arts Society is the client). The Company will pay Guckenhelmer within 10 days receipt of invoice. Invoices that remain unpaid past 10 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. Confidential Page 13 4/6/2006 bT:3EiHd mimosa* eJ JI3i+B fie bS:bT $002-T£-LO t:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 • IN WITNESS WHEREOF, the.parties have executed this Second Addendum effective as of the date first above written. OMAHA PERFORMING ARTS SOCIETY: • By: Printed: A,l01(/J A?ez/ • Title: ' . 14nit 4 4. +y+t J11 GUCKENHEIMER NTERP ISES,I C.: • • BY: f>eit-i « A,•4.- • Printed: CV'4Z C 6 • Title: END OF ADDENDUM • W485754 • • • • • • • BT:3Ekid 88£0T0S2 173WI I4 JfI9 SS.bT 8002-T2-LO • Confidential Page 14 415(2005 ST:39bd 88£0TOS200 ?13WI3HN3 1(1J bS:bT 8002-TE-LO 4-8099 * E-MAIL-RKAVANAUGH@LARSONMANAGEMENT.COM PLANNING DEPARTMENT REPORT (; DATE: APRIL 21,2011 DUE DATE: MAY 5, g i" E WED 24 CITY COUNCIL HRG MAY 17,2011�� 2� � 10� LOCATION: 1200 DOUGLAS ON THE MALLomAH! .CITY (.7 E , LEGAL DESCRIPTION: TO ADD IRREGULAR SHAPED OUTDOOR COURTYARD AND EAST LAWN (WITH EVENT ONLY FENCING) APPLICANT: GUCKENHEIMER ENTERPRISES,INC.,IIBA"HOLLAND PERFORMING ARTS CENTER • REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "I/K" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: CONVENTION/PERFORMING ARTS CENTER THIS REQUEST DOES(X) DOES NOT ERTAIN TO AN OUTZWt4 E AREA r • IF SIDEWALK CAFE: R-O-W-LEASE ti/ PERMITS ?BTAINED T Q.--- c- IF OUTSIDE: OUTSIDE AREA IS 141lr" FEET FROM THE NEAREST RESIDENCF'b•f��-f,,{ CJ2Ac.i� i . THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OM.r1S CORPORATE LIMITS 5 '� `'l HA' (If not,do not proceed-Notify the City Clerk's Office and return this form) ANNEXATION DATE: ORDINANCE NO. 1 (Only if within last 24 months) EXISTING ZONING: Lab '% 1 1 EXITING LAND E• V"Tl l— .r ADJAC • LAND SE AND Orinr "� Dso ..,„: _.2.41-124,-- ilip .4.. ,_,07... t 1 5rrz. c ji. EA • I btlb L t•Mtn L&)e.'cc yT2k c.r OD EST.SMT2A.& 0 1_rveSs I t 4ri2 A G t . D PARKING STALLS PROVIDED: `----1.:>:p� � - 73 3 lt ,-cic tit 'tt,-..t, EXISTING USE DOES 91) DOES NOT( )COMPLY WITH ZONING REGULATI PLUMBING FIXTURES PROVIDED: WOMEN'S Q.Z------ C I4a U I'X"z_ la G locylts • MEN'S (y;✓ _ .. (d\rr) A _ V-6--r(Locals' DATE SUBJECT PROPERTY WAS POSTED: '14 -,7'J'' k L (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL CHURCH,OR CITY PARK: ___.DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: . DJ_' (State aw) DISTANCE OF P OPOSED:LICENSE TO ANY C AGED', SCHOOL y5 , OSPiTAL E FO THE AGED,INDIGENT OR VETERANS Dr LLEGE OR UNIVER 1 TY 6v. �------- dg(, U. .za) (Authorized Signature) (Date) accordance therewith. • 3. Counterparts. This Second Addendum may be executed in counterparts, all of which together will constitute one agreement. • • • Li:3SUcl ea20I0S20, 83WI3HN3)Df19 SS:bi 8002-W-Le ility splits annually for the first 3 years, at the anniversary of this agreement. This is designed to protect both parties'as this start-up operation stabilizes and becomes somewhat predictable. After the third year,the commission and excess profitability split will be locked in and will not change without a material change in the operations of the Company's facility(s). Amounts due Company that remain unpaid past 20 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. f. Guckenhelmer Will bill the Company directly for catering and other services provided at the request of the Company. Company will be entitled to a 10% disCount from prevailing retail prices for all food and beverage. Accordingly, Guckenheimer will not pay the company a commission on company events (i.e. those events where Omaha Performing Arts Society is the client). The Company will pay Guckenhelmer within 10 days receipt of invoice. Invoices that remain unpaid past 10 days may be subject to a late fee and service charge of 1.5% per month applied to the unpaid amount. Confidential Page 13 4/6/2006 bT:3EiHd mimosa* eJ JI3i+B fie bS:bT $002-T£-LO t:39tid 88£0i0S2017 b3WI3HN3N01l9 ES:bI 8oe2-i£-L0 in perpetuity under this agreement by Guckenheimer. Confdsndal Page 8 4/512005 6:39Fld 88ZOT0520b 213WI3HNDDfIJ 2S:OT 8002-12-L0 • .-. „ y , . • • . , • ; - 4:-,i,r;),,ti.,!=;:;.,:sz&,v.-!.:Im,t:#1,..,,v,1,,,,,,m.-:•?„1.,InviyL, ,. . ,,,,. ..,.,.z,,- 1, . .1 ... ,.; , 1 is,-tq•Iiii.-R1','2.4"..iiINTiAt.ilii.'e..t-:-.7,V.t.4.i'z : „ -.1, -,-.,,,,,, , .....• - ',. , -..... .-,A,....--,.,:,F44.1.,;:...,.?,i,-,-.-.17k4.,.,..w24-mt,..,,,,,,,z.,0 •• '.,,Ifrkt'i.,4t8i...5, :t . , - ,y,,f,,,,,,.....,,,eo:k-,,,,,,%,,,,,,,..,31,-,',--,^ .. — .1 . . • ,r?„;i1t;':514,,'47,:-.1:tgi.,,•-• ,,,,414"i_li';;;„„ipi'k', i. ..4 --•-•':, .! :...4.'4, .43::,-,•:,.<,..-!: •i 'Ff:•,2e.„4p-'-',.;,,..:-- • .'.. .,. .,i. ....---.i:-•..-:'• ',/,R:?4;1::,•''..,ZIO:t''''''. i . . ,,i'fli:./.:2;',:. : . ,.-,.'c.' ,. '• '''''.0.f.e:',44;'.>"' ' -,,,,.?..i.y,,. .,A'.4.41,•.-:.,?..,.- __, ,.. - -,., ..-.s.-:,,,,,44.11; '• ' • '6.4:-.-.-...k,J-,-;=‘,Pi ' III. ",,li,:;:i-',$,.''''4;''''''''.;' -.!' r. .i. ; ,,,.;-,•:).'r.i.,-A.V..4:;:i-r$ 1 .. .:,-...:,..".4';i:,z,,-.•:', •!., . . ., .;,..,,...... ..,...,.,,,.....,.,.. „. ....., „... ,• ,: iF', '`z.i:',-• - .tv,---: 1.,...:'.':;•,..0c,:- .; . : :.-, •-..'y- .. .. , . ,• , : - , .(Un :".. '• :. .'.'.s, ;r:';',-.:',..c..;:;:i''.•,!',.,'''''',',.,,:- ''.4''.,..,.•', ..:-.,'''7.'-'.:',.'••••;',;,..;.'..--•'."..:?..r,':-.''' -. . , -',, '.::-::. '.•': .::',....' '-'.%'Y.':17'. -•:',.;.:-',:',.;,"=:.;_'',:'e.,..'•,'il'-':'---.1..:'.-i.;?i-.,:,;:i...',,,.,,,'-.;,....,.,:..,-,;',%.4.., ',..,. --, •,, -,,re -• .., . ...,.•:.r.",'"'..-::` ::'.i.7.:,!,..:''..•3:'.'''.:-`,,,;.''.Vr::-i''.-.1e''''ii;1 (1) ' ,', . ,': > --, ,., .r . f ; t'.`S. .,:$;, •::::;::'',,.,..:14,",'`. 8 -,,,,,,-..., .: 2. ., '. '---.-;:-.::: .., 15 1:' ---''.-.- '':::.i' :,--'-;....1,--f.:',,I,,.: , t '. ... i 1-:-.3:.,,f'-7-::''' -;-::.';'..','..!•••:.:,:i -,,,,,,,,1 8 il..1 f .-: .'•''.'-'-. , . ' '1.2',-:.1":;.''',.:''r . .„ -,i CJ • ' '1) -V,., ::- ;,::•'','::,'.:•!`:-:::;::-...•..,,-;.2:).':'-'1.1.;:t. - .i• . .•,t, -:';:,.. .:::,. •,'.. ..,::-.., , . : L... co , :,.:,,.,. ,.,..,..,-, .L1-,,,,,,,,tt.,f.y,-,,,,k.;!....','"'.-..,0' ..'.,-. ..,f 7,.'','1 .;H . .';.'.....,',.-'.!;-2;::,. '. `'.,,-'„,i,.i.,-,'...0:,','''.''''''; ._„ " •,': •, ,',•."..,:,,,-.2;'''- :'. :.::,', .t A ,. 1 1. .,, , , . ,,,,, .. ..., . . , .. ...,...,. ..,,. - 0 . i . .' .!'•', . ',..''''''.,:-:--..,:::.,' --'.'.'"' '.'.,.';',•-...-r,'I'ji-::':*''.:,'.':`,.:.',..'•;',',2;'%.''''''',,..-...:?.';'!"",..'s ' ' O 1 . 0 , '', ',.'''-"..'':Y. • ' ,'...-2:',Q.,'i%,--.. ‘,-.:.`,..'.'s.,.'-' ''''i;,,..,.'.;-„:-:‘:',,,':-!,...1":.,,",','.1.: ' ' .'';. :•'‘).:' .,:';;''''-''',‘,„2',..:"...'2,'''•:';''''.4--'2';';',''...„...;...'.-:';',' ::`,...:',:'•'''''",';:;:','''.'1,';',:':,!;•.'":1,:'''.!i_ • :'''..':.',.:....'i:,':-:!j'''''';',;.•-•.:',;',-'2:''',.''•‘'.:',...''...-.-•,;.',.: ':::''';',''';',1.'''''...:;,;::.:'',..,'',,6.:.1:',:',1''':',':,-'52:::.z,,NiYis':',: ',..„r'. 173 ':: .''.''i'.; ''',.::;•.-'''','''.''''''.:r..'.'S1,-;'.''''...'., 'll'.'1.:::..'..,.1 ,.:,‘',,,:::::- '''." .-;';'.-:.'4..-T.'ii.":.".'‘i,','c'.f,': 1 / .,,,f, Pti 4iiii0 .":-!,-:.‘-:.:-1,11;7'. .'-':•‘;',..i....,"-:i.;;;;',::;,--::,:c:'(-:1;ii:i-;;..-;:'-',',:"....,..'''',...,..[:....;;;;;',.?,iri';;;.::,-;:::,...z;::;:--,-i.is::::::'.;,-,' , :-.. t. . . AZ , • -..-...-- - •,- • .,.•. ,....,, „.......-,. • -•., • ....• .....• - -,,,,-• . : = ..• . .-.2‘,:,-,.,,,,-..,,..,,•.••:-,-,;,,,..,..-, ,.; '..1:,;,.•,',...,••,-,4;,,,,,,,,,,,„3.„1,,,-....,-•,......,,,.. ,,,,,„-.';,2-,,: . ' '''''..''','•.:•Y''';:::'.3'.i'.''.:.3::''..•':':..‘:';''..;.:1.'. . ','.',""''',''''4-:','",f,',1'.',":,.i.,.4.,...7. ' '%":•:,,, : 1 : . 1 Orsdr) . ... . ....,.... .,,,..„ :......,,. .e....,,,3 , " ' . • . ..1'..'7;•?:,.',7!..,':,'-',.'71,.......'.''.'',i;.'.,,,,'','.4''...,''''''''''''''`''''}....'''''',.':'.Z....'''.....‘.5—'..: ,'"''— ' f,..b., .' ,.. %... Z I . 1—1 .'i ik%,,,,..' 7.",'..,, •4'.'4 ''...,'..,''',....4'...'''' • .t.,. '',.i,1. ...,,,,,c.•,..,.,','"'' 4a., 11.3 1-ItOT 1 (.,....„. • 40 Z •-......- 0,----- • NOSS ..108INO0 • vOr,sJ . . . III 214 kionol'v''' . d'd . - -' ghig°18 ..., a • 1 • • i {.....). .. • .. 0 • ' . tt• • . . C • 0 •ONNIMil Cl,lii .. .C13 Lu ..,„b . ()I • CN • r-• . _. • _ . ,..... ;_ - .,,,.., . .. .. . . , _ ..... . - _. .__ • . . . - . .. : . . . , ••1 • . . .. . • • , . . . . • .... • . • -•.. . , • .. • . . . . .1. . . • . . , . . . . . . . . . . . .. . . . . . ,. . . . . , . . . . . • • . . . i - . . . : . . . D . • i ... . .. 1 . • . . . • . . .7 1'• • • . . . . . . t t.I 1 , r . . 1 . . • . . D • . . . . . . 1 ! ) ' . • , • , • .' . . . . •:-. •• ..-• .1 C . . . . . . . • .. . . . . , . • . . . . . . • • • . . , • .. ,,,,,-.7:.)1 . . . - . . .. . . . . . • • . .. •-, • ,*.i)I . . . . . . • • • • •• . . . • . . . . .. .. , . . . . - • i • . . . . . ... ... . , : . . . . . . . . • • • . • . . . .. . . . . • . . • . . . ... . . . . . . . - . . .• . • . . .. • • - .. • , . . I. . . . . L . . . . . . • . . •. . . .. . . . . . ' • . . . . . • , .''.•, i • . . ' - . • • . . . -• . , . • . . • • . . • . . . . . ••, •, • . . • . - . . . • . • • • • . • • • • . I . • I . . . . . , . . , . • 1 ":' • . . • . i . • . • •. • .-, •., . . . . . . , . . • • . . . . . . . . • • .1 • i , I I • • ',, .. .• . . •• r ' , , •.. . . •. .. , . . . I '. '''. --.....••-•fr,',"!:...jj - . •.. .. ..... ii - . Z I . 1—1 .'i ik%,,,,..' 7.",'..,, •4'.'4 ''...,'..,''',....4'...'''' • .t.,. '',.i,1. ...,,,,,c.•,..,.,','"'' 4a., 11.3 1-ItOT 1 (.,....„. • 40 Z •-......- 0,----- • NOSS ..108INO0 • vOr,sJ . . . III 214 kionol'v''' . d'd . - -' ghig°18 ..., a 0,01A, iv4, City of NebraskaDirin !fi,‘ 1819 Farnam—Suite LC 1 z fEr (0;, �d Omaha, Nebraska 68183-0112 02 -. Buster Brown (402) 444-5550 .o City Clerk FAX (402) 444-5263 04i'ED F051°4 A May 3, 2011 Guckenheimer Enterprises, Inc. Application for an addition to your present Dba "Holland Performing Arts Center" Class "I'K" Liquor License location for an 1200 Douglas on the Mall outdoor courtyard & east lawn (with event Omaha,NE 68102 only fencing) 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 May 17, 2011 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • , • , • .' . . . . •:-. •• ..-• .1 C . . . . . . . • .. . . . . , . • . . . . . . • • • . . , • .. ,,,,,-.7:.)1 . . . - . . .. . . . . . • • . .. •-, • ,*.i)I . . . . . . • • • • •• . . . • . . . . .. .. , . . . . - • i • . . . . . ... ... . , : . . . . . . . . • • • . • . . . .. . . . . • . . • . . . ... . . . . . . . - . . .• . • . . .. • • - .. • , . . I. . . . . L . . . . . . • . . •. . . .. . . . . . ' • . . . . . • , .''.•, i • . . ' - . • • . . . -• . , . • . . • • . . • . . . . . ••, •, • . . • . - . . . • . • • • • . • • • • . I . • I . . . . . , . . , . • 1 ":' • . . • . i . • . • •. • .-, •., . . . . . . , . . • • . . . . . . . . • • .1 • i , I I • • ',, .. .• . . •• r ' , , •.. . . •. .. , . . . I '. '''. --.....••-•fr,',"!:...jj - . •.. .. ..... ii - . Z I . 1—1 .'i ik%,,,,..' 7.",'..,, •4'.'4 ''...,'..,''',....4'...'''' • .t.,. '',.i,1. ...,,,,,c.•,..,.,','"'' 4a., 11.3 1-ItOT 1 (.,....„. • 40 Z •-......- 0,----- • NOSS ..108INO0 • vOr,sJ . . . III 214 kionol'v''' . d'd . - -' ghig°18 ..., a //ó �9d cis . NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that GUCKENHEIMER ENTERPRISES, INC. DBA "HOLLAND PERFORMING ARTS CENTER" has applied for ADDITIONS TO THEIR PRESENT CLASS "I" [On Sale beer,wine and liquor]; AND CATERING LIQUOR LICENSE LOCATION TO ADD AN OUTDOOR COURTYARD AND THE EAST LAWN (WITH EVENT ONLY FENCING) located at 1200 DOUGLAS ON THE MALL The Omaha City Council will hold a public hearing regarding this application on Tuesday, MAY 17, 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. trol Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • , • , • .' . . . . •:-. •• ..-• .1 C . . . . . . . • .. . . . . , . • . . . . . . • • • . . , • .. ,,,,,-.7:.)1 . . . - . . .. . . . . . • • . .. •-, • ,*.i)I . . . . . . • • • • •• . . . • . . . . .. .. , . . . . - • i • . . . . . ... ... . , : . . . . . . . . • • • . • . . . .. . . . . • . . • . . . ... . . . . . . . - . . .• . • . . .. • • - .. • , . . I. . . . . L . . . . . . • . . •. . . .. . . . . . ' • . . . . . • , .''.•, i • . . ' - . • • . . . -• . , . • . . • • . . • . . . . . ••, •, • . . • . - . . . • . • • • • . • • • • . I . • I . . . . . , . . , . • 1 ":' • . . • . i . • . • •. • .-, •., . . . . . . , . . • • . . . . . . . . • • .1 • i , I I • • ',, .. .• . . •• r ' , , •.. . . •. .. , . . . I '. '''. --.....••-•fr,',"!:...jj - . •.. .. ..... ii - . Z I . 1—1 .'i ik%,,,,..' 7.",'..,, •4'.'4 ''...,'..,''',....4'...'''' • .t.,. '',.i,1. ...,,,,,c.•,..,.,','"'' 4a., 11.3 1-ItOT 1 (.,....„. • 40 Z •-......- 0,----- • NOSS ..108INO0 • vOr,sJ . . . III 214 kionol'v''' . d'd . - -' ghig°18 ..., a ro • • �t ,� O C7 N Q1 P i CD CA q el cD- �. En n �• o 0 0 SA \ nti? $ r& . • � r � on 'CT. ` ,�/ o a. ate. , g . i.tp.;., ' . 0 Vv ~',c � u o coo! 0 ,c 'e- ,..` t • N N • • • • • BT:3Ekid 88£0T0S2 173WI I4 JfI9 SS.bT 8002-T2-LO • Confidential Page 14 415(2005 ST:39bd 88£0TOS200 ?13WI3HN3 1(1J bS:bT 8002-TE-LO 4-8099 * E-MAIL-RKAVANAUGH@LARSONMANAGEMENT.COM