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RES 2011-0646 - Addition of sidewalk café to O STATE OF NEBRASKA RECEIVED f Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION Governor 11 nn.Y _5 F Hobert B. Rupe Executive Director 1 �': `,' 301 Centennial Mall South, 5th Floor P.O. Box 95046 CITY CLERK Lincoln, Nebraska 68509-5046 one (402)471-2571 O 1`�I�A' NE8RkSK1 Ph Fax (402)471-2814 TRS USER 800 833-7352 (TTY) May 4, 2011 • OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 Dear Clerk: The below licensee has requested an ADDITION: LICENSE#: CK-70208 LICENSEE NAME: WANG, LANCE TRADE NAME: 0 ADDRESS: 1015 FARNAM STREET CITY/COUNTY: OMAHA/DOUGLAS PHONE: 402-502-7888 OLD DESCRIPTION: TWO STORY BLDG APPROX 43'X 74' INCLUDING A SIDEWALK CAFE TO THE NORTH APPROX 32'X 9' NEW DESCRIPTION: TWO STORY BLDG APPROX 43'X 74' INCLUDING A SIDEWALK CAFE TO THE NORTH APPROX 32'X 9'AND SIDEWALK CAFÉ APPROX 142FT X 84FT ON WEST SIDE OF BLDG I Please present this request to your city/village/county board and send us a copy of their recommendation. If recommendation of denial or no recommendation is made, the Commission has no alternative but to cease processing this request. Sincerely, N SK QU R CONTROL COMMISSION R ndy Se ert Li ensing Division rs cc: file Janice Wiebusch Bob Logsdon Bob Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV. 12/99 1 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 70208 WANG, LANCE 1015 FARNAM STREET 68102 502-7888 DBA O NLCC ORDERS 07-25-06 -ADDITION APPROVED LICENSE ISSUED *01-22-08-CHANGE OF LOCATION APPROVED FROM 8029 W DODGE RD, SUITES C & D RECEIPT#103957*04-14-11 - CATERING APPROVED* OTHER ACTIVITIES 10-25-05-RES#1344 GRANT*05-02-06 -REQ ADD OF SIDEWALK CAFE APREA APPROX 41'X 9'TO THE NORTH CCID#474 APPROVE *09-18-07-CHANGE OF LOCATION FROM 8026 W DODGE RD, STE C & D TO 1015 FARNAM STREET CCID#1145 APPROVED *06- 29-10-REQ ADD OF A SIDEWALK CAFE AREA APPROX 32'X 9'TO THE NORTH CCID#755 APPROVED CONTIGENT UPON THEIR COMPLIANCE WITH THE CITY OF OMAHA PLANNING DEPARTMENT AND PROPER PERMITS OBTAINED *01-11-11 -CATERING APP CCID #9 APPROVED *05-24-11 -REQ ADD OF A SIDEWALK CAFE APPROX 142'X 84'TO . THE WEST* LICENSED PREMISES ENTIRE 2 STY APPROX 74' X 43' INCLUDING A SIDEWALK CAFE TO THE NORTH APPROX 32'X 9' ****(8026 W DODGE RD, STE C & D-1 STY BLDG 66'X 63' INCLUDING SIDEWALK CAFE APPROX 41'X 9' LOCATED ON THE NORTH SIDE OF BLDG) OFFICERS: OWNER- LANCE (NATALIE©321-8865)WANG, 1211 HOWARD STR, APT 201, 68102 (C) 595-0182 *ATTY-NORMAN DENENBERG -551-5540 tion is made, the Commission has no alternative but to cease processing this request. Sincerely, N SK QU R CONTROL COMMISSION R ndy Se ert Li ensing Division rs cc: file Janice Wiebusch Bob Logsdon Bob Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV. 12/99 1 • APPLICATION FOR ADDITION TO LIQUOR LICENSE office Use NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTHPO BOX 95046 gt q LINCOLN,NB 68509-5046 APR 2011 PHONE(402)471-2571 ' FAX(402)471-2814 ��®� • wehsite: www.icc.ne goy CON ®LCO:arMii�i®N • 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 • a 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' g 70208 LIQUOR LICENSE# u,• v. LICENSEE.NAME Fance Wang • • Dining&Lounge TRADE NAME _ .. .. .. PREMISE ADDRESS:1015 Farnam Street• • ,••maha CITY • .... .. ._ Lance Wang CONTACT PERSON .._ti .y .._ ., ..:___.,.... PHONE NUMBER OF CONTACT PERSON 402-595-0 1 s2 Complete the following questions: 1) Are you adding on to your building? ( Yes IL?. No • Include a sketdii 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? I 13 Yes ED 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. (a:an:ples may include,but are not restricted to sand volleyball,horseshoepits...) 1C 5 et, 7 r y,J-', �l 1100008785 a 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.via railing.rope or chain,defining the licensed area,provided that one open entrance not to exceed eight(8) feet shall be allowed. . Pernament Black Wrapped Chain Link What type of permanent fencing will you be using? • Include a sketch of the area to•be added showing: o existing building o outside dimensions(in feet) . o direction north • �4c�cl= ��>✓urf Print Name of Signature. . • • o Licensee or Officer State of Nebraska County of D b l.a The fo tinktrument was acknowledge before . me this /t 1 2-o ‘ Date �►`� it • c ignature AMHxSeal Herne . • it LOENERAL SNOTARY-state HERRYDeLaCRUZ Nebraska My Comm.Exp.Nov.1,2011 • • .... .. ._ Lance Wang CONTACT PERSON .._ti .y .._ ., ..:___.,.... PHONE NUMBER OF CONTACT PERSON 402-595-0 1 s2 Complete the following questions: 1) Are you adding on to your building? ( Yes IL?. No • Include a sketdii 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? I 13 Yes ED 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. (a:an:ples may include,but are not restricted to sand volleyball,horseshoepits...) 1C 5 et, 7 r y,J-', �l 1100008785 0 .V g-'1 .".. IL ,t£ Q$ ' 13 r . )1 -1Attai4i Pa 1 IF \ . 1 d Z o pt. i 1\ "c. a rr tn. dte CA r LA 44 ..- t 9� w S.,, . �h 1 • Legal PARCEL 1: The West 22 feet of Lot 3 and all of Lot 4, in Block 134, in the ORIGINAL CITY OF OMAHA, as surveyed and lithographed, in Douglas County, Nebraska. PARCEL 2: The South 62.2 feet of the East 89.25 feet of Lot 7 and the East 89.25 feet of Lot 8, in Block 123, in the ORIGINAL CITY OF OMAHA, as surveyed and lithographed, in Douglas County, Nebraska. In rs�te 480 • Dodge St. Douglas St. �f Parcel 2 1=arnam St. - -- Parcel I Harney St. - Howard Jackson 5t. Leavenworth St. - `1 L N _ t Vicinity Map PARKING LEASE APR 2 5.H01I LIQUOR THIS PARKING LEASE(this"Lease") is dated as of the 13th day ocr,� ie®� F' y and between THE BURLINGTON CAPITAL GROUP LLC, a Delaware limited liability company ("Lessor"), and LANCE WANG d/b/a 0 Casual Dining("Lessee"). RECITALS • WHEREAS,Lessor is the owner of certain real property located at the intersection of 11 a and Farnam Streets in the City of Omaha,Nebraska,as more particularly described in Exhibit A attached hereto and incorporated herein by this reference(the"Property"),which is used as a surface parking lot by employees of Lessor during its regular business hours;and WHEREAS,Lessee is the operator of a restaurant under the name 0 Casual Dining,located at 1015 Famam Street in the City of Omaha,Nebraska which is immediately adjacent to the Property (the"Restaurant");and WHEREAS, in order to provide off street parking for patrons and employees of the Restaurant, Lessee desires to lease parking spaces on the Property from Lessor in accordance with the terms and conditions hereof; NOW,THEREFORE,in consideration of the mutual terms and conditions contained in this Lease, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. Lease. Lessor hereby leases to Lessee, for the exclusive use and sole benefit of Lessee and the patrons and employees.of the Restaurant, all of 33 parking spaces located on the Property(collectively,the"Parking Spaces"),together with a right to use such walkways,sidewalks, driveways and driving lanes as are available for ingress to and egress from the Parking Spaces,every Friday beginning at 5:00 o'clock p.m. until the following Sunday at 1:00 o'clock a.m. (each a"Weekly Lease Period");provided,that at all times during such Weekly Lease Periods at least five (5)of the Parking Spaces be available for employees of Lessor to use at no charge. 2. Use. The Property shall be used by Lessee solely for parking of not more than 33 motor vehicles of the employees and patrons of the Restaurant and for no other purpose without Lessor's prior written consent. Lessee shall not construct any permanent or temporary structure on the Property(other than reasonable temporary signage during the Weekly Lease Periods indicating that the Property is available for parking for Restaurant patrons). Lessee may block or otherwise obstruct entrances to the Property to reasonably control ingress and egress to the Parking Spaces during Weekly Lease Periods. 3. Term. The term of this Lease(the"Term")shall commence as of the date hereof and shall remain in effect until terminated as provided herein. Either party may terminate this agreement at any time,with or without cause, by providing the other party with 30 days' prior written notice. Upon termination, all rights and obligations of each party shall terminate, except for Lessee's 4824-5484-2626.2 obligation to pay any unpaid rent earned through the date of termination and Lessee's obligations under Section 6 hereof which shall survive such termination. 4. Rent. Lessee shall pay rent to Lessor for use of the Parking Spaces under this lease equal to$100 for each Friday and each Saturday occurring in each calendar month during the Term; provided,that up to one-half of such rent may be paid by Lessee in the form of in-store credit for use by employees of Lessor at the Restaurant rather than in cash. Such rent shall be payable on a monthly basis,in arrears,on the first business day of each month at the business office of the Lessor at Suite 400, 1004 Famam Street, Omaha,Nebraska 68102 or such other location as Lessor shall notify Lessee. In-store credit will be evidenced by transferable gift cards in such denominations as the parties shall agree. 5. Lessor Covenants (a) Lessor shall use commercially reasonable efforts to maintain the Property in a clean and orderly condition, reasonably clear of water, debris, snow and ice, and in good repair and condition, reasonable wear and tear, act of God and damage by casualty excepted, and shall from time to time make or cause to be made all repairs and replacements as are necessary to maintain and preserve the Property in such condition. (b) Subject to the terms hereof,Lessee shall peacefully and quietly have,hold and enjoy sole possession and use of the Parking Spaces undisturbed at all times during each Weekly Lease Periods during the Term hereof. 6. Lessee Covenants. (a) Lessee shall hold harmless and indemnify Lessor and any of its members,officers, managers,agents or employees(collectively,the"Indemnified Parties")from and against any and all liabilities,penalties,damages and expenses(including attorneys fees)which may be imposed upon, incurred by or asserted against any of the Indemnified Parties as a result of(a)Lessee's performance of,or the failure of Lessee to perform,any obligation to be performed by Lessee hereunder,(b)any damages to the Property or any part thereof or any public street,alley,sidewalk,curb,passageway or space within or adjacent thereto resulting from the use thereof by Lessee during a Weekly Lease Period, whether caused by Lessee or any other person; (c)any personal injury, including death resulting therefrom,or property damage occurring on or about the Property or any adjacent street, alley,sidewalk,curb,passageway or space during a Weekly Lease Period;or(d)the failure of Lessee to comply with any requirement of any governmental authority with respect to its use of the Property. (b) Lessee shall maintain insurance coverage with respect to each of its indemnity obligations to Lessor, including liability coverage for not less than$1,000,000 and shall cause the Lessor to be named as an additional insured on each such insurance policy. 4824-5484-2626.2 2 party shall terminate, except for Lessee's 4824-5484-2626.2 • 7. Memorandum of Lease. In the event a party desires to record a memorandum of lease,the other party agrees to promptly execute such document. The cost of recordation of any such memorandum of lease shall be the responsibility of the party requesting the execution of the memorandum of lease. 8. Events of Default. The occurrence of any of the following shall constitute an event of default(each an"Event of Default")hereunder: (a) Any failure by Lessee to pay any portion of the rent specified in Section 4 hereof within ten (10) days of its due date or to observe and perform any other term, covenant or condition of this Lease to be observed or performed by Lessee,where such failure continues for ten (10)days after written notice thereof by Lessor to Lessee;provided,however,that if such failure is of such a nature that it cannot be cured within ten(10)days,no Event of Default shall exist hereunder so long as Lessee commences curing such failure and diligently pursues such cure to completion. (b) Any failure by Lessor to perform its duties hereunder, including, without limitation, its obligations set forth in Sections 5 hereof, where such failure continues for ten(10) days after written notice thereof by Lessor to Lessee; provided, however,that if such failure is of such a nature that it cannot be cured within ten(10)days,no Event of Default shall exist hereunder so long as Lessee commences curing such failure and diligently pursues such cure to completion. 9. Remedies. Upon the occurrence of an Event of Default by Lessee, Lessor shall, in addition to any other remedies available to Lessor either under this Lease or at law or in equity,have the right to re-enter, terminate this Lease, relet the Parking Spaces and apply the rents after the reletting. Upon the occurrence of any Event of Default by Lessor,Lessee shall have,in addition to any other remedy available to Lessee under this Lease or at law or in equity, including, without limitation,the right of specific performance,the right to terminate this Lease. 10. Attorneys' Fees. If either party is required to consult an attorney to enforce any term of this Lease or for breach of any term or condition of this Lease,the prevailing party shall be paid for its attorneys' fees and costs actually and reasonably incurred. 11. Waiver. No term,covenant or condition of this Lease shall be deemed waived,except by written consent of the party against whom the waiver is claimed,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 • 12. Notice. Any notice required to be given under this Lease shall be given in writing and shall be delivered in person or by registered or certified mail, postage prepaid, and addressed as follows: If to Lessor: The Burlington Capital Group, LLC 1004 Farnam Street, Suite 400 Omaha,NE 68102 Attention: If to Lessee: Lance Wang 1015 Farnam Street Omaha,NE 68102 Such notice shall be deemed delivered when personally delivered or three(3)days after deposit in the United States mail in the manner provided above. 13. Entire Agreement. This Lease contains the entire agreement between the Landlord and Tenant, supersedes all prior negotiations and agreements between such parties and represents their final and complete understanding. This Lease may be modified only by an amendment hereto in writing,signed by both Landlord and Tenant. 14. No Joint Venture. Any intention to create a joint venture or partnership between the parties hereto is hereby expressly disclaimed. To the extent Lessee charges fees for parking on the Property during Weekly Lease Periods,Lessor shall have no right or claim with respect thereto. 15. Binding Effect. This Lease shall apply to,inure to the benefit of,and bind all parties hereto and their legal representatives, successors and assigns, and shall survive any sale of the Property. 16. Severability. If any term or provision of this Lease shall,to any extent,be determined by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 17. Counterparts. This Lease may be executed in any number of counterparts, all of which taken together shall constitute a single agreement. 18. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. 19. Mortgagee's Rights. Any current or future mortgagee of Lessee("Mortgagee")shall have the right to cure any default of Lessee hereunder and Lessor agrees to accept the same. So long as any rent is being paid as required hereunder,in the event a default exists hereunder and Mortgagee is diligently proceeding to cure such default, Lessor agrees,during such period,not to exercise its 4824-5484-2626.2 4 waiver is claimed,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 CFLai.r .li U remedies under this Lease. Lessor agrees that it will recognize Mortgagee or anya d` .a title from or through such mortgagee as lessee under this Lease. NEBRASKALIQUOR WITNESS the following signature pursuant to due authority, as of&el iligti'' e'.` :t�'�' written. LESSOR: BURLINGTON CAPITAL GROUP LLC, a Delaware limited liability company B Name: 1 Title: i40@i / p te_. LESSEE: LANCE WANG d/b/a 0 CASUAL DINING, By -- � - ce 4824-5484-2626.2 5 St. - `1 L N _ t Vicinity Map , PLANNING DEPARTMENT REPORT DATE: MAY 5,2011 DUE DATE: MAY 12, 2011 CITY COUNCIL HRG MAY 24, 2011 LOCATION: 1015 FARNAM STREET LEGAL DESCRIPTION: TO ADD A SIDEWALK CAFE APPROX. 142' X 84' TO THE WEST APPLICANT: WANG,LANCE, DBA "0" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "CK" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT THIS REQUEST DOES(X) DOES N () PERTAIN TOA nOU-TSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE\4& - J!. :ICJ PERMITS OBTAINED ►Za- V; F�3 - 1� T �J c IF OUTSIDE: OUTSIDE AREA IS ��'A FEET FROM THE NEAREST RESIDENCE mot_ THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) ANNEXATION DATE: 7 INANCE NO. (Only' within last 24 months) EXISTI ZONING: „CID ,t 0 EXITING LAND USE: f Qt1/1 ADJA•I NT AT)U'E I ZONING:( `�, NO' . 1 V ' !.A . t I t S7 2t Gs CI D t r` - �j SST:/ 1(Lk `�'VS(I�SP-e S T l,G.t- e I D PARKING STALLS PROVIDED: S 'S'73 3 J 1sT2kcT -Ek ITt bio S EXISTING USE DOES " DOES NOT( )COMPLY WITH ZONING REGJ.ILATIONS PLUMBING FIXTUR S PROVIDED: WOMEN' I\1 ` OAS MEN'S] 1412 '316,.f)tk 'f"1 US VV-1 NA • DATE SUBJECT PROPERTY WAS POSTED: b-12` I /lX` - (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: b/L-- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE:.• L W PA(L V TSO 'L (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH C)L.- SCHOOL 0 V,,HOSPITAL 0'c--- HOME FOR THE AGED,INDIGENT OR ETER&N 0 COLLEGE OR UNIVERSITY Od1 (Authorized Signature) (Date) ordance with the laws of the State of Nebraska. 19. Mortgagee's Rights. Any current or future mortgagee of Lessee("Mortgagee")shall have the right to cure any default of Lessee hereunder and Lessor agrees to accept the same. So long as any rent is being paid as required hereunder,in the event a default exists hereunder and Mortgagee is diligently proceeding to cure such default, Lessor agrees,during such period,not to exercise its 4824-5484-2626.2 4 waiver is claimed,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 "t . N • �. �- g y 1 , f'6 ' I r ti I 1.0 0 Liz , s) ' d - . 0 9 1-,, T po i , j q �� iOA .LcRE1, F- SE a Delaware limited liability company B Name: 1 Title: i40@i / p te_. LESSEE: LANCE WANG d/b/a 0 CASUAL DINING, By -- � - ce 4824-5484-2626.2 5 St. - `1 L N _ t Vicinity Map t • Legal bescription PARCEL 1: The West 22 feet of Lot 3 and all of Lot 4, in Block 134, in the ORIGINAL CITY OF OMAHA, as surveyed and lithographed, in Douglas County, Nebraska. PARCEL 2: The South 62.2 feet of the East 89.25 feet of Lot 7 and the East 89.25 feet of Lot 8, in Block 123, in the ORIGINAL CITY OF OMAHA, as surveyed and lithographed, in Douglas County, Nebraska. intersta te 480 Dodge St. Douglas St. { ''�� Parcel 2 Farnam St.. Parcel I Harney St. Howard 5t. J4 Jackson 5t. \ - Leavenworth St. N N N T L O Vicinity Map .. .. . - ........-.. ---.,----:.-wiNEL•• 771 ... er •-- ....-. • _•—-.. • I . :• , . • • . ..i. .. -,•.:., @alb eil ,..,414it .,. ., . ‘9,44.........,, \..... .., _ . - ,—..• ....---• \s.--...' • \ .9,..joirok; 9. \*\ ,G. I : . , .• ---2- '---- C ---.-' . ... . .q. .1 2 -04\ir .... 2 /:,,N, 1 4.* . 1 . -.....--- I" ; .901111111111Desis,i _tit N -4; I o o.4 _ 1:. .. . 1 1 .... .....,. ii 1.41. dit . S. ..1 - - ... p . . . , ,1 v... .. i - rit7IP inerviim- ...J `..4;-.4; ••'• 1 "I 1 - • ,. . 7) D . : ), • • 1. Z . . in 6, I'4"1,91F‘, 4 AI* . 1 dill . i -- 1 1'i .. ifyik!„.40„mop . . .. . , ,. ...• A } . I • 1 .1 . -.41" Alir..........41 • - . .. • . • 4I OM * .ri' : fit:'a.•:.•' . , . •'lii4 ,,,rit..*4 - ___ (Authorized Signature) (Date) ordance with the laws of the State of Nebraska. 19. Mortgagee's Rights. Any current or future mortgagee of Lessee("Mortgagee")shall have the right to cure any default of Lessee hereunder and Lessor agrees to accept the same. So long as any rent is being paid as required hereunder,in the event a default exists hereunder and Mortgagee is diligently proceeding to cure such default, Lessor agrees,during such period,not to exercise its 4824-5484-2626.2 4 waiver is claimed,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 • 0N►AHA, NF City o Omaha, fAlebraskg `C.)air..411111.0001.1i erdireiVOri � 41ty I' 1819 Farnam—Suite LC 1 2 � Omaha, Nebraska 68183-0112 0 __ - i`',' -' Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 O 'rE p FEBRt�A May 10, 2011 Wang, Lance Application for an addition to your present Dba"0" Class "C/K" Liquor License location to add 1015 Farnam Street a sidewalk café approx. 142' x 84' to the west Omaha, NE 68102 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 24, 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 ii4 ,,,rit..*4 - ___ (Authorized Signature) (Date) ordance with the laws of the State of Nebraska. 19. Mortgagee's Rights. Any current or future mortgagee of Lessee("Mortgagee")shall have the right to cure any default of Lessee hereunder and Lessor agrees to accept the same. So long as any rent is being paid as required hereunder,in the event a default exists hereunder and Mortgagee is diligently proceeding to cure such default, Lessor agrees,during such period,not to exercise its 4824-5484-2626.2 4 waiver is claimed,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 • Drakon LLC Tom Simmons 1115 Harney LP 1209 Harney St 4260 416 South 12 Street %Blackthorne Redev Co Omaha, NE 68102 Omaha, NE 68102 11725 Arbor St #135 Omaha, NE 68144 Old Market Cullan Ct 'JHD LLC First Natl Bnk Omaha 9955 Bloomfield. St 8724 West Dodge Rd %Mercer Management Co * Omaha, NE 68114 Omaha, NE 68114 511 South 11 Street Omaha,, NE 68102 Miguel S Daccarett Mark Swanson Tory M Bishop Mi g 420 S 11 St #20:L 1650 Farnam Street 420 S 11 St #304 Omaha, NE 68102 Omaha, NE 68102 Omaha, NE 68102 Whisper Rock LLC Rebecca Keating-Lefler Martin G Desilets Etal 420 S 11 St #305 420 S 11 . St #406 420 S 11 St #407 Omaha, NE 68102 Omaha, NE 68102 Omaha, NE 68102 Cheryl T Beamer ' Barbara P Gates Tr Mary C Clausen 420 S 11 St #408 . 7914 W dodge Rd #412 420 South 11 Street Omaha, NE 68102 Omaha, NE 68114 Omaha, NE 68102 Marsha B Congdon Tr Old Omaha Association George Eisenberg Etal 420 S 11 St #14 %Mercer Management Co 2919 S 101 Street Omaha, NE 68102 511 South 11 Street Omaha, NE 68124 Omaha, NE 68102 Sam Mercer Mercer Management Co Spaghetti Limited, %Mercer Management 511 South 11 Street Partnership 511 South 11 Street Omaha, NE 68102 1105., Howard Street Omaha, NE 68102 ' Omaha, NE 68102 Lorane Kinney Andrew Krieger Martin L Thon Etal Tr 1013 Howard St #2 1013 Howard St #1 1013 1/2 Howard St #3 Omaha, NE 68102 Omaha, NE 68102 Omaha, NE 68102 Timothy J Kryszak Troy Davis Lucile A Schaaf Etal Tr 1013 Howard St #4 1013 1/2 Howard St #5, 510 South 10 Street Omaha, NE 68102 Omaha., NE 68102 Omaha, NE 68102 • I - /67 /5 . essor agrees to accept the same. So long as any rent is being paid as required hereunder,in the event a default exists hereunder and Mortgagee is diligently proceeding to cure such default, Lessor agrees,during such period,not to exercise its 4824-5484-2626.2 4 waiver is claimed,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 Joseph C Huangk.uo Etal Burlington Place LLC Dorsey W Olson 9003 Catherine Street 1004 Farnam St #400 1007 Farnam on the Mall . Pico Rivera, CA. 90660 Omaha, NE 68102 Omaha, NE 68102 • Dorcas Co Circo Strategic John Q Hammonds 9003 Catherine Street Investments Hotels Two Pico Rivera, CA. 90660 4611 South 96 Street %Atrium Finance III LP Omaha, NE 68127 4243 Hunt Road Cincinnati , OH 45242 Greenhouse Holding LLC Connecticut Natl Bank Michael L Henery %Sentinal R E Cawley %Denise Muhich 555 Riverfront Plz #802 151 Ave of the Americas 4707 W 135 St #240 Omaha, NE 68102 35 FL Leawood, KS 66224 New York, NY 10020 Trevor A Henery Etal Shirley A Sorrell Michael D Miller 444 North 61 Street 314 South 11 St #202 2543 Cheyenne Way Omaha, NE 68132 Omaha, NE 68102 Gambrills, MD 21054 David M Rice James A Elliott Paul F McGill 314 South 11 Street 314 South 11 St #403 9874 Devonshire Dr Omaha, NE 68102 Omaha, NE 68102 Omaha, NE 68114 Apple Seven Spe City Lodging Investors Todd D Simon Omaha Cy Inc %Jane Braatz No Cent P .O . Box 66414191 7115 Leesburg Pike #206 P .O. Box 620994 Sioux Falls, SD 57186 Falls Church, VA 22043 Middleton, WI 53562 Jamaica Partnership Life Spaces Properties Opas Foundation %Compliance Dept 1102 Douglas Street 409 South 17 St #200 11030 0 Street Omaha, NE 68102 Omaha, NE 68102 Omaha, NE 68137 Frank A Pane Centris F C U • Pinnacle Bank 900 Farnam St #201 %Patrick Fitzgerald %ScottWB Bradley eyge Rd Omaha, NE 68102 11718 M Circle Omaha, NE 68137 Omaha, NE 68154 Conagra Foods Inc CAGR LLC AtriumFinance III LP 5645 N 90 St MS 90-185 %Conagra Foods Inc 4243 Hunt Rd Omaha, NE 68134 5645 N 90 St MS 90-185 Cincinnati, OH 45242 Omaha, NE 68134 ZRP LTD P & A McGill LLC #1 Phil Patterson Inc 406 S 12 St #305 5120 Mayberry Street 1209 Harney St #250 Omaha, NE 68102 Omaha, NE 68106 Omaha, NE 68102 , ,and any waiver of the breach of any term,covenant or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or.any other term, covenant or condition. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any term,covenant or condition unless otherwise expressly agreed to by Lessor in writing. 4824-5484-2626.2 3 r Lessee's 4824-5484-2626.2 P CD CD ^ � `� n P w cD P- N UQ -, .-' o d ' Un . ------ .. '.., §Z l• i P.,-,g (5' R. r:,, cs . z: ,. (1:Z .s' , . X c) \ n q(r' •-) Z--qcf-- 0 00 CA CI' 'ci' tz ';.. , . ..0_ \ o 0 0 o CAD O S. 6% a i ,g- L unty, Nebraska. intersta te 480 Dodge St. Douglas St. { ''�� Parcel 2 Farnam St.. Parcel I Harney St. Howard 5t. J4 Jackson 5t. \ - Leavenworth St. N N N T L O Vicinity Map